Kamal Kant Sharma S/O Shree ... vs Onkar S/O Late Shri Birdichand ...
2022 Latest Caselaw 2662 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

               S.B. Civil First Appeal No. 710/2020

Kamal Kant Sharma S/o Shree Ramkumar Sharma
                                                                     ----Appellant
                                    Versus
Onkar S/o Late Shri Birdichand Late Shri Narbada Devi & Ors.
                                                                  ----Respondents

For Appellant(s) : Mr. Parmender Dadhich For Respondent(s) : Mr. Manoj Kumar Agrawal Respondent No.2

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

30/03/2022

Appellant-plaintiff has filed first appeal feeling aggrieved by

the impugned judgment and decree dated 18.08.2020 passed by

Additional District Judge, Khetri, District Jhunjhunu in civil suit

No.38/2009 (CIS No. Civil Suit/338/2014) whereby and

whereunder his civil suit for specific performance and permanent

injunction has been dismissed.

Learned counsel for appellant submits that the trial court

found the agreement dated 27.04.1992 to prove and the issue

No.1 was decided in favour of plaintiff, however the suit has been

dismissed on the ground of limitation. The counsel for appellant

further submits that respondents have executed a compromise

dated 16.07.2007, acknowledging the agreement dated

27.04.1992, therefore limitation should have been counted from

the date of compromise.

The counsel appearing for respondent No.2 submits that

even though the agreement in question was found proved, the

(2 of 2) [CFA-710/2020]

civil suit is beyond limitation. However, the counsel could not

refute the findings on issue recorded by the trial court therein.

Findings in relation to land in question have been recorded in

favour of the plaintiff.

Having heard learned counsel for both parties.

The matter requires consideration.

Admit.

Issue notice to other respondents for hearing of appeal.

In the facts and circumstances of this case as also

considering findings recorded by the trial court in the impugned

judgment, both parties are directed to maintain status quo as to

alienation and possession of the land in question, as it exists.

(SUDESH BANSAL),J

TN/38

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