Vishal Sakhlecha Son Of Sobhag Mal ... vs Jeet Mal Sakhlecha Son Of Shri ...
2022 Latest Caselaw 4025 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             S.B. Civil First Appeal No. 248/2022

Vishal Sakhlecha Son Of Sobhag Mal Sakhlecha & Ors.
                                                                  ----Appellants
                                   Versus
Jeet Mal Sakhlecha Son Of Shri Mangal Chand Sakhlecha & Ors.
                                                                ----Respondents

For Appellant(s) : Mr. R.K. Mathur Sr. Adv. assisted by Mr. Ram Prasad For Respondent(s) : Mr. Vishnu Kant Sharma

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

23/05/2022 By way of this first appeal, a challenge has been made to

judgment and decree dated 25.02.2022 whereby the gift deed

dated 01.03.1994 made by Rashal Bai in relation to her 1/5th

share in the property bearing No.4/388 at Ajmer, has been

declared as null and void.

Having heard counsel for both parties, it appears that apart

from the present suit, another suit for partition is also pending

between parties. Appellants are said to be in possession of the

share of Smt. Rashal Bai which was gifted to them through gift

deed in question.

Appeal is admitted.

Issue notice to respondents.

Respondent-plaintiff have entered a Caveat and counsel has

put in appearance on behalf of respondent-plaintiff, notices be

issued to remaining respondents.

Record of the trial Court be summoned.

(2 of 2) [CFA-248/2022]

Having considered the facts and circumstances of this case,

without staying the operation of impugned judgment, this Court

deems it just and proper that appellants shall not be dispossessed

from the portion of property, came to them under the gift deed

dated 01.03.1994 and no third party rights will be created in this

share by either of the parties.

It is made clear that this stay order passed in the present

appeal would not affect the proceedings of the civil suit for

partition on merits.

(SUDESH BANSAL),J

NITIN /21

Powered by TCPDF (www.tcpdf.org)