Santosh Kumar Sharma vs Bhagwati Singh And Anr
2022 Latest Caselaw 3780 Raj/2

                                              HIGH COURT OF JUDICATURE FOR RAJASTHAN
                                                          BENCH AT JAIPUR
                                                    S.B. Civil Second Appeal No. 613/2017
                                   Santosh Kumar Sharma
                                                                                                        ----Appellant
                                                                         Versus
                                   Bhagwati Singh And Anr
                                                                                                     ----Respondents

For Appellant(s) : Mr. R.K. Mathur, Sr. Advocate with Mr. Kritin Sharma For Respondent(s) : Mr. Prashant Choudhary Mr. Lokesh Sharma

HON'BLE MR. JUSTICE SUDESH BANSAL Order 12/05/2022

Having heard counsel for both parties, the matter requires

consideration.

Since counsel for respondent has already put in appearance,

service stands complete.

This second appeal is admitted on following substantial

questions of law:-

"(I) Whether the first appellate court has committed serious illegality or jurisdictional error in deciding the appeal without following the procedure as provided under Order 41 Rule 31 CPC and Order 41 Rule 33 CPC? (II) Whether the impugned judgment and decree dated 17.07.2017 need modification at least to the extent of decreeing the respondents-plaintiffs' suit for possession?"

Having considered the facts and circumstances of the case,

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

construction and possession in relation to the property in question,

as it exists today.

With aforesaid observations, stay application stands disposed

of.

(SUDESH BANSAL),J SACHIN/3

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