Mohammad Asif vs Mohammad Iqbal
2022 Latest Caselaw 3550 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                  S.B. Civil Second Appeal No. 532/2017

Mohammad Asif
                                                                      ----Appellant
                                       Versus
Mohammad Iqbal
                                                                   ----Respondent

For Appellant(s) : Mr. Nitesh Pareek for Mr. A.K. Bajpai For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

05/05/2022 Learned counsel for appellant-plaintiff has filed an

application No.2/2021 to draw the presumption of effective

service of notice upon respondent.

As per Office report, notices issued to the respondent

through ordinary course have returned unserved due to paucity of

time.

The decree under challenge is a decree for specific

performance passed in favour of the respondent-defendant and

against the appellant-plaintiff way back vide judgment and decree

dated 15.05.2014, which has been affirmed in the first appeal

vide judgment and decree dated 27.05.2017.

Since there is no interim stay operating against the

execution of impugned decree, hence learned counsel for

appellant is directed to apprise this Court about the status of the

execution of the impugned decree.

(2 of 2) [CSA-532/2017]

In the given facts and circumstances, the case to draw the

presumption is not made out, hence, application is dismissed.

Let fresh notices be issued to respondent by both modes.

One to be served by ordinary and another by registered post.

One set of notice be given 'dasti' to learned counsel for

appellant to ensure the service.

(SUDESH BANSAL),J

TN/31

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