Amar Chand Yadav vs Pooran Chand Yadav
2022 Latest Caselaw 2418 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil First Appeal No. 703/2011

Amar Chand Yadav & anr.
                                                                   ----Appellants
                                    Versus
Pooran Chand Yadav & anr.
                                                                ----Respondents

For Appellant(s) : Ms. Sejal Sharma on behalf of Mr. Ajay Tyagi For Respondent(s) : Mr. Abhimanyu Singh Yaduvanshi

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

21/03/2022

Learned counsel for appellants has filed application

No.21640/2017 under Section 151 CPC on 15.07.2017. It has

been stated that appellant No.1-Amarchand Yadav has passed

away on 13.05.2017 and since other appellants No.2 and 3 are

already on record, who can pursue this appeal, therefore, name of

deceased appellant No.1-Amarchand Yadav be deleted.

Learned counsel for the respondents has no objection.

Accordingly, aforesaid application stands allowed. Name of

deceased appellant No.1-Amarchand Yadav is deleted.

Appropriate amended cause-title with insertion against the

name of appellant No.1-Amarchand Yadav "since deceased, name

deleted" be filed within a period of two weeks.

Learned counsel for respondents has filed another application

No.40945/2017 seeking direction to proceed with the execution

proceedings of impugned judgment and decree dated 09.09.2011.

(2 of 2) [CFA-703/2011]

It appears from perusal of the record that this appeal has

been filed assailing the judgment and preliminary decree for

partition dated 09.09.2011. This Court has admitted the appeal for

hearing vide order dated 05.12.2011, however, no orders on the

stay application has been passed.

Heard learned counsel for both parties on the stay

application as well as on the application No.40945/2017. Since

trial Court has passed the preliminary decree for partition, the

process for preparation of final decree is yet to be completed in

the present suit.

Having considered the facts and circumstances of the case, it

is hereby directed that the trial Court may proceed with the

process of preparing final decree in the present matter, however,

final decree shall not be executed and appellants would not be

dispossessed from the portion of suit property over which they are

in possession, during the course of pendency of this appeal.

Record of the trial Court be sent back in order to proceed

with the process of preparation of final decree. The final decree

shall remain subject to the outcome of present appeal.

With the aforesaid observations, stay application as well as

application No.40945/2017 stand disposed of.

(SUDESH BANSAL),J

AARZO ARORA /42

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