Pradeep Mundra Son Of Shri Shanti ... vs Surajbhan Son Of Shri Jailaram
2022 Latest Caselaw 2767 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                   S.B. Civil First Appeal No. 348/2021

Pradeep Mundra Son Of Shri Shanti Swaroop Mundra, & Anr
                                                                       ----Appellants
                                      Versus
Surajbhan Son Of Shri Jailaram & Ors.
                                                                     ----Respondents

For Appellant(s) : Mr. M.M. Ranjan, Sr. Advocate with Mr. Abhishek B. Sharma For Respondent(s) : Mr. Prakash Chandra Jain

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

31/03/2022

Appellant-plaintiffs has filed this first appeal assailing the

judgment and decree dated 12.08.2021 passed by Additional

District Judge No.2, Beharor in civil suit No.34/36/2011

(34/40/2008) CIS No.14/2014 whereby his civil suit for specific

performance and permanent injunction has been dismissed for

want of evidence.

Learned counsel for appellants submits that plaintiffs could

not produce any evidence and the trial court on appreciation of

defendants' evidence only, dismissed the plaintiff's suit on merits.

The counsel submits that plaintiffs has sufficient cause for

reopening their evidence and liberty be granted to the appellant-

plaintiffs to adduce their evidence.

Learned counsel for appellants submits that the matter be

remanded to the trial court for deciding afresh after allowing

opportunity to appellant-plaintiffs to adduce their evidence.

(2 of 2) [CFA-348/2021]

Learned counsel appearing for respondent No.1/1 to 1/3

opposed the prayer of appellants and submits that sufficient

opportunities were accorded to plaintiffs to adduce evidence,

however they remained failed to adduce evidence.

Having heard learned counsel for both parties.

Admit

Issue notice to remaining unserved respondents.

The counsel for respondents wants time to file reply to the

stay application.

In the meanwhile, respondents shall maintain status quo as

to alienation in relation to the property in question.

(SUDESH BANSAL),J

TN/15

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