Krishan Kant Bhardwaj vs Smt Krishna Shukla And Another
2022 Latest Caselaw 2417 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                S.B. Civil First Appeal No. 308/2011

Krishan Kant Bhardwaj
                                                                          ----Appellant
                                      Versus
Smt Krishna Shukla And Ors.
                                                                     ----Respondents

For Appellant(s)            :     Mr. Amit Gupta
For Respondent(s)           :     Mr. Chinmay Saxena with
                                  Mr. Dharmendra Pareek



            HON'BLE MR. JUSTICE SUDESH BANSAL

                                       Order

21/03/2022

Although, the matter comes up on an application (I.A.

No.01/2022) for early listing of appeal moved by learned counsel

for respondents, however, during the course of arguments, it has

been transpired that this appeal has arisen against the judgment

and preliminary decree for partition dated 23.02.2011.

A coordinate Bench of this Court, vide order dated

23.05.2011, admitted the appeal for hearing and passed the

following order:-

"Meanwhile, the trial Court is directed to prepare and pass a final decree, but the parties shall maintain the status-quo in respect of disputed property."

Learned counsel for respondents submits that proceedings of

preparation of final decree are going on before trial Court,

however, for want of original record, same could not be finalized.

In view of order dated 23.05.2011 passed by this Court, let

the original record of trial Court be sent back in order to enable

(2 of 2) [CFA-308/2011]

the trial Court to proceed with the process of final decree and to

pass the same in compliance of the order dated 23.05.2011.

In view of this order, learned counsel for respondents does

not press the application for early listing of appeal, at this stage.

Accordingly, the application filed for early listing of appeal

stands disposed of.

(SUDESH BANSAL),J

AARZO ARORA /41

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