Ramratan Son Of Shri Kanhaiyalal vs Kalyan Sahai Son Of Shri Jagdev
2022 Latest Caselaw 2497 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 S.B. Civil First Appeal No. 146/2022

     Ramratan Son Of Shri Kanhaiyalal, & Ors.
                                                                     ----Appellants
                                     Versus
     Kalyan Sahai Son Of Shri Jagdev, & Ors.
                                                                   ----Respondents

with S.B. Civil First Appeal No. 149/2022

Smt. Manbhari Devi D/o Shri Jagdev,

----Appellant Versus Kalyan Sahay S/o Shri Shri Jagdev,

----Respondent

For Appellant(s) : Mr. J.P. Goyal, Sr. Adv. assisted by Mr. Abhi Goyal Mr. Peush Nag For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

23/03/2022 Both these first appeals have arisen against the judgment

and preliminary decree for partition as well as cancellation of sale

deed dated 20.10.2006 vide judgment dated 05.03.2022 passed

by District Judge, Jaipur in civil suit No. 05/2007, CIS

No.2144/2014 titled as Kalyan Sahai Vs. Radhakishan & Ors.

Appeal No. 146/2022 has been filed by defendants No. 3

and 4 in whose favour through registered sale deed dated

20.10.2006 part of the suit property was sold and the registered

(2 of 2) [CFA-146/2022]

sale deed has been declared as null and void while passing the

decree for partition.

Appeal No. 149/2022 has been filed by defendant No. 2,

who happens to be sister and claims her 1/3rd share in the

property in question. However, in the impugned judgment, the

property has been partitioned in equal 1/2 share between the

plaintiff and defendant No.1 on the basis of Will dated

26.07.2000.

Having heard learned counsel for appellant, perusal of the

impugned judgment, these first appeals required to be heard on

facts as well as on law, hence admitted for hearing.

In the facts and circumstances of the case and considering

the nature of decree, it is hereby directed that until further

orders, the execution and operation of the impugned judgment

and decree dated 05.03.2022 shall remain stayed with further

direction that both parties shall maintain status quo as to

alienation and possession of the property in question.

However, the interim order shall not come in way in

continuation of any other proceedings between the parties

pending before revenue courts.

Issue notice of the appeals as also stay applications.

Record of the trial courts be summoned.

(SUDESH BANSAL),J

TN/20 & 74

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