Jogendra Singh And Anr vs Smt Sunita Kanwar And Ors
2022 Latest Caselaw 6924 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Civil First Appeal No. 139/2017

Jogendra Singh And Anr
                                                                  ----Appellants
                                   Versus
Smt Sunita Kanwar And Ors
                                                                ----Respondents

For Appellant(s)         :     Mr. D K Dixit
For Respondent(s)        :     Mr. Hari Krishana Sharama

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

01/11/2022

The present first appeal has been filed assailing the

judgment and preliminary decree for partition dated 09.01.2017.

The Coordinate Bench of this Court, vide order dated

23.07.2018, allowed parties to settle their dispute through

mediation and in the meanwhile proceedings for preparation of

final decree were allowed, however, execution of the final decree

was stayed.

Counsel for both parties submits that mediation remained

unsuccessful.

Heard.

Admit.

It has been informed that proceedings of final decree have

been completed and final decree likely to be passed. This Court is

not inclined to stay the preparation of the final decree, however, it

is observed that the same shall remain outcome of result of this

first appeal and appellants shall not be dispossessed from the suit

(2 of 2) [CFA-139/2017]

property from the portion in their possession during course of the

present first appeal.

With such observations, stay application stands disposed of.

Since this Court has permitted for preparation of the final

decree, record need not to be summoned. If, the record laying

before this Court, the same be returned to the trial court

forthwith.

Counsel for appellant does not want to press application

(I.A.No.01/2022), for seeking extension of the stay order.

Accordingly, application (I.A.No.01/2022) is dismissed as not

pressed.

(SUDESH BANSAL),J

SACHIN/41

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