Smt. Draupadi W/O Shri ... vs Doctor Rajesh Gupta S/O Late Shri ...
2022 Latest Caselaw 2565 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil First Appeal No. 578/2020

Smt. Draupadi W/o Shri Kishanchand Nihlani & Anr.
                                                                  ----Appellants
                                    Versus
Doctor Rajesh Gupta S/o Late Shri Gangaprasad Gupta
                                                                 ----Respondent

For Appellant(s) : Mr. Anil Kumar Yadav with Ms. Nidhi Sharma For Respondent(s) : Mr. Shashi Shekhar Gaur

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

28/03/2022

Appellants-defendants have filed this first appeal assailing

the decree for specific performance and permanent injunction

passed by Additional District Judge No.11, Jaipur Metropolitan in

Civil Suit No.196/2010 vide judgment dated 10.02.2020 in favour

of respondent-plaintiff in relation to the shop in question.

In the present case, it is not in dispute that respondent-

plaintiff was tenant in the shop in question prior to the agreement

to sell and thereafter he filed the present civil suit for specific

performance. Appellants have also filed separate proceedings

against the respondent-plaintiff for eviction treating him as tenant.

Heard counsel for both parties.

Admit.

Issue notice.

Since, counsel for respondent-plaintiff has already put in

appearance as a caveator, no need to issue notice.

Call for the record.

(2 of 2) [CFA-578/2020]

Having considered the facts and circumstances of the

present case, the execution of the judgment and decree dated

10.02.2020 shall remain stayed and it is further directed that the

respondent-plaintiff shall not create any third party interest in the

rented shop on the basis of findings of the impugned judgment

dated 10.02.2020.

It is made clear that pendency of this appeal and passing of

stay order shall not affect the proceedings of eviction at the

behest of appellants.

With the aforesaid observations, the stay application stands

disposed of.

(SUDESH BANSAL),J

SAURABH/27

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