Smt. Bhateri W/O Shri Jaipal ... vs Rameshwar S/O Shri Puran ...
2022 Latest Caselaw 2359 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil First Appeal No. 525/2020

1.      Smt. Bhateri W/o Shri Jaipal Choudhary, Aged About 45
        Years, R/o Quarter No. 1/25, Police Line, Jaipur City,
        Pareek College Road, Jaipur.
2.      Jaipal Choudhary S/o Shri Shishram, Aged About 50
        Years, R/o Quarter 1/25, Police Line, Jaipur City, Pareek
        College Road, Jaipur.
                                                                 ----Appellants
                                    Versus
Rameshwar S/o Shri Puran Choudhary, Aged About 47 Years, R/o
C-588, Scheme-4, Block-C, Village Machera, Distt. Jaipur Raj.
                                                                ----Respondent

For Appellant(s) : Mr. Prashant Daga for Mr. RK Daga For Respondent(s) : Mr. Sanjay Tyagi

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

15/03/2022

Appellants have filed this First Appeal assailing judgment and

decree dated 26.02.2020, whereby and whereunder respondent-

plaintiff filed suit for possession and permanent injunction in

relation to Plot No. C-644-H situated in Scheme No.4, Machera,

Jaipur has been decreed and appellants-defendants have been

directed to hand over possession of Plot to respondent-plaintiff.

Learned counsel for respondent-plaintiff has put in

appearance.

Heard.

Since counsel for respondent has put in appearance, notice

need not be issued.

(2 of 2) [CFA-525/2020]

Record has already been summoned.

Heard on stay application.

Having considered facts and circumstances of the case and

nature of impugned decree for declaration and possession in

relation to impugned property, this Court deems it just and proper

to stay execution of impugned decree dated 26.02.2020 and

directed both parties to maintain status quo as to alienation and

possession in relation to property during first appeal.

It would be open that respondent-plaintiff-decree holder may

move application for demanding mesne profits during course of

pendency of appeal.

With aforesaid observation, stay application stands disposed

of.

(SUDESH BANSAL),J

Sunita/64

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