Rahul Pareek S/O Shri Ashok Kumar vs Avinash Todwalan S/O Shri ...
2022 Latest Caselaw 4312 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil First Appeal No. 62/2022

Rahul Pareek S/o Shri Ashok Kumar
                                                                   ----Appellant
                                   Versus
Avinash Todwalan S/o Shri Radheyshyam Gupta & Anr.
                                                                ----Respondents

For Appellant(s)         :     Mr. R K Daga
                               Mr. Rahul Singh
For Respondent(s)        :     Mr. J.P. Goyal, Sr. Advocate assisted
                               by Ms. Jyoti Swami



           HON'BLE MR. JUSTICE SUDESH BANSAL

                                    Order

29/06/2022

Appellant-plaintiff's suit has been rejected by the trial court

vide order dated 04.01.2022 passed in civil suit No.63/2021 under

Order 7 Rule 11 CPC and the first appeal has already been

admitted by this Court vide order dated 04.05.2022.

Learned counsel for appellant has moved a stay application

with a prayer that operation of impugned judgment dated

04.01.2022 be stayed during the course of first appeal so that the

suit before the trial court may become alive and trial of the suit

may proceed.

Learned counsel for respondents submits that the prayer in

the stay application is tantamounts to allowing the first appeal and

such nature of relief may not be granted on the stay application.

He submits that the first appeal itself may be heard finally.

(2 of 2) [CFA-62/2022]

Having considered the facts and circumstances of the case,

no case for grant of interim relief as prayed for is made out hence

the stay application is dismissed.

On joint request of counsel for both parties, list this appeal

for hearing on 18.08.2022

(SUDESH BANSAL),J

SAURABH/101

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