Jitendra Kumar Sharma S/O Shri ... vs Govind Narain Sharma S/O Shri ...
2022 Latest Caselaw 1949 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             S.B. Civil First Appeal No. 345/2021

Jitendra Kumar Sharma S/o Shri Govind Narain Sharma
                                                                   ----Appellant
                                   Versus
Govind Narain Sharma S/o Shri Ramkishor Sharma & Ors.
                                                                ----Respondents

For Appellant(s) : Mr. J P Goyal, Sr. Advocate with Mr. Abhi Goyal For Respondent(s) : Mr. Peush Nag Mr. Praveen Kumar Sharma

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

04/03/2022

By way of this appeal the appellant-plaintiff assailing the

judgment and decree dated 02.09.2021 passed by Additional

District Judge No.7, Jaipur Metropolitan whereby and whereunder

his civil suit for partition and permanent injunction has been

dismissed and simultaneously the counter claim of respondent-

defendant for possession has been decreed.

The suit property is alleged to be the property of HUF,

although the respondent disputes the same. According to

respondents, the property stands in the name of respondent No.1,

Govind Narain Sharma by virtue of the patta issued by the Jaipur

Development Authority.

Record of the trial court has already been received.

Having heard counsel for both parties and perusal of record,

the matter requires consideration.

Issue notice to respondent No.2.

(2 of 2) [CFA-345/2021]

Appeal has already been admitted for hearing.

Having considered the facts and circumstances of the case

and nature of litigation, it is hereby directed that the execution of

the impugned decree shall remain stayed and both parties shall

maintain status quo as to alienation and possession as it exists

today.

With the aforesaid observation, the stay application stands

disposed of.

The respondent-decree holders claim mesne profit for which

they are free to file appropriate application.

(SUDESH BANSAL),J

SAURABH/31

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