Sumat Kumar And Ors vs Kanhiya Lal
2022 Latest Caselaw 1923 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                   S.B. Civil Second Appeal No. 297/2007

 Sumat Kumar And Ors
                                                                     ----Appellants
                                       Versus
 Kanhiya Lal
                                                                    ----Respondent

For Appellant(s)             :     Mr. Mahesh Gupta
For Respondent(s)            :     Mr. Saransh Saini with
                                   Mr. Sanjeev Kumar



              HON'BLE MR. JUSTICE SUDESH BANSAL

                                        Order

03/03/2022

This second appeal has been filed by appellant-plaintiff. His

suit was decreed by the trial Court vide judgment and decree

dated 07.07.2003 passed by Civil Judge (Senior Division),

Shahbad, District Baran in civil suit No.3/2001. The following

decree was passed in his favour reads as under:-

"ifj.kker% oknhx.k dk nkok fo:) izfroknh LFkk;h fu"ks/kkKk e; [kpkZ fMØh fd;k tkrk gSA rFkk tfj, LDkk;h fu"ks/kkKk izfroknh dks ikcan fd;k tkrk gS fd layXu uD'ks esa of.kZr , ch lh Mh Hkwfe ,oa b ,Q th ,p nqdku ds fuekZ.k esa dksbZ ck/kk&#dkoV u MkysaA rFkk tfj, vkns'kkRed O;kns'k }kjk izfroknh dks vkns'k fn;k tkrk gS fd ch Mh lkbZM esa iwohZ vksj oknhx.k ds vius fgLls esa uhao [kksndj nhoky [kM+h djus esa #dkoV u MkysaA vkSj ;fn vLFkkbZ Mksyh dk tks fuekZ.k fd;k gS mls rqjUr gVk ysaA"

The first appellate Court has set aside the decree. After

hearing learned counsel for both parties, the second appeal is

admitted on the following substantial question of law:-

(2 of 2) [CSA-297/2007]

"As to whether the judgment of first appellate court is

perverse and suffers from non appreciation of the evidence

available on record?"

Notice need not be issued as respondent is represented

through his counsel.

Record of courts below has already been received.

The property in question is an open plot, during pendency of

second appeal, parties shall maintain status quo in relation to the

property in question.

The stay application stands disposed of.

(SUDESH BANSAL),J

TN/52

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