Ramavtar S/O Shri Ladhuram vs Nathulal S/O Shri Kanhaiya Lal
2022 Latest Caselaw 2614 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Civil Second Appeal No. 404/2019

Ramavtar S/o Shri Ladhuram
                                                                   ----Appellant
                                   Versus
Nathulal S/o Shri Kanhaiya Lal & Anr.
                                                                ----Respondents

For Appellant(s) : Mr. Manoj Kumar Bhardwaj For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

29/03/2022

This second appeal has been filed by appellant-defendant

(hereinafter "defendant), assailing judgment and decree dated

21.08.2009 passed by Civil Judge (Junior Division) No.26 in Suit

No.26/2003 where by suit for specific performance and permanent

injunction has been dismissed, which has been affirmed by the

first Appellate Court vide judgment dated 26.07.2019 passed by

Additional District Judge No.19, Jaipur Metropolitan, Jaipur in

Appeal No.10/2013.

Counsel for defendant fairly submits that although with

passage of time, decree for specific performance dated

21.08.2009 has been executed and sale deed has been registered,

however, he submits that since agreement itself was void as

defendant is alleged to be minor at the time of agreement. He also

submits that such agreement is void ab initio and no decree for

specific performance on the basis of such agreement could have

been passed.

Issue notice to respondents.

(2 of 2) [CSA-404/2019]

On request of counsel for defendant, service of notice on

respondent No.2 is dispensed with.

Registry is directed to send reminder to both the Courts

below to send the record to this Court.

In the meanwhile, since defendant admits that impugned

decree has been executed and registered sale deed has been

made in favour of respondent-plaintiff, both parties are directed to

maintain status quo in relation to property in question.

(SUDESH BANSAL),J

NITIN /27

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