Ramavatar Sharma vs Jagdish Narain And Others
2022 Latest Caselaw 4304 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Civil First Appeal No. 903/2011

Ramavatar Sharma
                                                                   ----Appellant
                                   Versus
Jagdish Narain And Others
                                                                ----Respondents

For Appellant(s)         :     Mr. P. Kaushik
For Respondent(s)        :     Mr. Vivek Choudhary
                               Mr. L.N. Kapoor for
                               Mr. Satish Khandal



             HON'BLE MR. JUSTICE SUDESH BANSAL

                                    Order

29/06/2022

It appears from record that appellant-plaintiff instituted a

civil suit on 04.06.2008 seeking cancellation of sale deeds dated

10.01.1972, 09.07.1993 and 02.01.2006, claiming that the

property was ancestral and the same has been sold without

knowledge of plaintiff. The trial court dismissed the suit vide

judgment dated 19.09.2011 on merits as also on the ground of

limitation. Against this judgment, this first appeal has been

preferred.

Notices were issued to respondents and after service of

notices, respondents have appeared through their respective

counsel.

During course of first appeal, respondent Nos.1 and 9 passed

away and their legal representatives were taken on record.

Respondent No. 9/3 Anni Devi is stated to be passed away

on 31.12.2018 and appellant has prayed to delete her name, as

(2 of 2) [CFA-903/2011]

her legal representatives are already on record. Hence, the Prayer

to delete the name of respondent No.9/3 Anni Devi, is allowed.

Accordingly, the application (I.A.No.01/2019) stands

disposed of.

Heard counsel for both parties.

Admit.

Respondents have already put in appearance, hence service

is complete.

Record has already been summoned.

Having considered facts and circumstances of the case where

plaintiff is not in possession of suit property and his suit for

cancellation of three sale deeds, has been dismissed on merits as

well as on the ground of limitation, no prima facie case is made

out to grant any order of status quo in favour of appellant,

however, it is observed that if any transfer/third party right is

created in the suit property during course of this appeal, the same

would govern by the principle of lis pendens enshrined under

Section 52 of the Transfer of Property Act and the appellant-

plaintiff's right to be adjudicated in the present appeal, would not

be prejudiced.

With the aforesaid observations, both stay applications

(I.A.Nos.5208/2011 & 1092/2022) are disposed of.

(SUDESH BANSAL),J

SACHIN/99

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