Shyam Singh Rathore S/O Shri ... vs Dinesh Kumar Kacholiya S/O Shri ...
2022 Latest Caselaw 2723 Raj/2

                                          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                                                      BENCH AT JAIPUR

                                                S.B. Civil First Appeal No. 473/2021
                                   Shyam Singh Rathore S/o Shri Hanuman Singh
                                                                                                        ----Appellant
                                                                        Versus
                                   Dinesh Kumar Kacholiya S/o Shri Bheru Lal Maheshwari & Anr.
                                                                                                     ----Respondents

For Appellant(s) : Mr. Keshav Kumar Agarwal For Respondent(s) : Mr. Prem chand Dewanda

HON'BLE MR. JUSTICE SUDESH BANSAL Order 31/03/2022

Appellant-defendant has challenged the decree for specific

performance passed in relation to House No.gha-1-Bhawani Nagar,

Sikar Road, Jaipur.

The first appeal has already been admitted for hearing on

27.01.2022. No order has been passed on stay application so far.

Learned counsel for appellant fairly submits that after

passing the impugned judgment and decree dated 01.10.2021,

since the house in question, bank loan was taken and due to non-

payment of bank loan, the possession of the property has been

taken by the Bank under the SARFAESI Act. Thus, as per appellant

himself he is not having the possession of the house in question as

on date. In such facts and circumstances, the question of

execution of decree by respondents-plaintiffs does not arise at all.

Taking into consideration the subsequent facts as stated by

counsel for appellant, at this stage, this Court does not find good

grounds to grant any interim relief in favour of appellant.

Accordingly stay application stands disposed of.

(SUDESH BANSAL),J

SAURABH/28

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