Shri Jagdish Mali S/O Shri Badari ... vs Smt. Shakila Begum W/O Shri Hakim ...
2022 Latest Caselaw 2554 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                  S.B. Civil First Appeal No. 944/2018

Shri Jagdish Mali S/o Shri Badari Mali
                                                                     ----Appellant
                                     Versus
Smt. Shakila Begum W/o Shri Hakim Mohammad
                                                                  ----Respondent

For Appellant(s) : Mr. B.R. Rana, Mr. I.R. Saini For Respondent(s) : Mr. Babu Lal Gupta

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

24/03/2022

This first appeal has already been admitted for hearing vide

order dated 1st February, 2022.

During pendency of this appeal, the respondent-plaintiff has

proceeded to execute the impugned decree for specific

performance dated 10/9/2018 passed by Additional District Judge

No.1, Jaipur in Civil Suit No. 60/2006 and has deposited the

balance sale consideration of Rs. 6,75,500/- before the trial court.

However, neither possession has been delivered nor sale

deed has been executed so far. The respondent has given

undertaking before this court on 10/3/2021 not to execute the

impugned decree. Since the first appeal has already been

admitted and also permitted the respondent decree holder to get

refund of his deposited amount.

Having heard counsel for both parties and considering facts

and circumstances of the case and also the nature of decree,

during pendency of this first appeal, the execution of impugned

judgment and decree dated 10/9/2018 shall remain stayed qua

(2 of 2) [CFA-944/2018]

the appellants-defendants, with further direction that both parties

shall maintain status quo in relation to alienation and possession

of property in question.

The stay application is accordingly disposed of.

(SUDESH BANSAL),J

ANIL SHARMA /66

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