Kanhiya Lal vs Ramanand
2022 Latest Caselaw 2104 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

              S.B. Civil Second Appeal No. 521/2011

Kanhiya Lal
                                                                    ----Appellant
                                   Versus
Ramanand
                                                                 ----Respondent

Connected With S.B. Civil Second Appeal No. 264/2010 Ramanand

----Appellant Versus Kanhiya Lal

----Respondent

For Appellant(s) : Mr. Manu Bhargava For Respondent(s) : Mr. J P Goyal, Sr. Advocate assisted by Ms. Jyoti Swami

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

09/03/2022

Both appeals arises out of common judgment dated

17.05.2008 whereby and whereunder the adoption deed dated

22.04.1983 was declared as null and void qua Ramanand and the

civil suit for declaration of will was dismissed. The appellate court,

vide judgment dated 11.03.2010 has affirmed the decree

dismissing the suit for declaration of will but has reversed the

decree for cancellation of registered adoption deed. Hence, both

parties have preferred this second appeal.

Having heard counsel for both parties following substantial

questions of law are involved in these appeals:-

"(i) whether the appellate court committed illegality and perversity in upholding the adoption

(2 of 2) [CSA-521/2011]

deed as valid contrary to mandatory requirements of law?

(ii) whether two courts below have committed illegality and jurisdictional error in assuming the will as genuine and valid, while dismissing the suit for declaration of will as null and void?"

Admit.

Issue notice.

Since counsel for respondents are present, no need to issue

notices. Service stands complete.

Registry is directed to call for the record in relation to both

suits and appeal.

Heard counsel for both parties on stay application in appeal

No.264/2010.

The trial court cancelled the adoption deed however, the

appellate court has reversed the decree, therefore, it is directed

that both parties shall maintain status quo in relation to property

in question as to alienation and possession as it exists today till

disposal of appeal.

Stay application stands disposed of accordingly.

(SUDESH BANSAL),J

SAURABH/13-14

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