Sardar Singh S/O Shri Ishwarram vs Omprakash S/O Shri Jagdish Prasad ...
2022 Latest Caselaw 7111 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

             S.B. Civil Second Appeal No. 137/2021

Sardar Singh S/o Shri Ishwarram
                                                                   ----Appellant
                                   Versus
Omprakash S/o Shri Jagdish Prasad Mathur & ors.
                                                                ----Respondents

For Appellant(s)         :     Mr. Rahul Agarwal
For Respondent(s)        :     Mr. Ashok Sharma
                               Mr. Ritwick Dave for
                               Ms. Nikita Sood



           HON'BLE MR. JUSTICE SUDESH BANSAL

                                    Order

09/11/2022

1. The instant second appeal under Section 100 CPC has been preferred by appellant-plaintiff assailing the judgment and decree dated 6.3.2021 passed in Regular First Appeal No. 9/2010 (33/2010) (CIS No.119/2014) by the Additional District Judge No.1, Sikar whereby and whereunder dismissing the appeal affirmed the judgment and decree dated 31.03.2010 passed in Civil Suit No.30/2008 by the Additional Civil Judge (Jr. D.) No.2, Sikar whereunder the plaintiff's suit for permanent injunction has been dismissed.

2. Learned counsel for appellant submits that the plaintiff purchased the suit plot through registered sale deed dated 29.01.2007 from the respondent defendant No.3-Prakash and instituted a civil suit for permanent injunction alleging his ownership and possession over the suit plot, on 09.02.2007, against defendant No.1, 2 and 3. The suit was dismissed vide judgment dated 31.3.2010. In the meanwhile, it appears that the defendant No.1-Omprakash instituted a civil suit for specific performance against defendants No.2-Bhanwarlal Yadav and No.3

(2 of 2) [CSA-137/2021]

Prakash and the sale deed of appellant-plaintiff-Sardar Singh dated 29.01.2007 was also challenged. Later on, the specific performance came to be dismissed for want of prosecution and defendant No.2-Bhanwarlal Yadav being power of attorney holder of defendant No.3-Prakash executed a registered sale deed dated 27.3.2011 in favour of defendant No.1 Omprakash without cancellation of sale deed of appellant-plaintiff dated 29.01.2007.

3. Heard learned counsel for both parties, the matter requires admission and consideration on the following substantial question of law:-

"Whether the property rights of plaintiff on the suit property have become absolutes by virtue of sale deed dated 29.01.2007, and two courts below have committed illegality in dismissing the plaintiff's suit for permanent injunction?"

4. The second appeal is admitted.

5. Issue notice.

Respondents Nos.1, 2 and 4 have appeared, hence notice be issued to only legal representatives of respondent No.3.

6. Record has already been received.

7. Heard on the stay application.

8. During pendency of the second appeal, parties shall maintain status quo in respect of alienation, construction and possession of the suit property, as it exists today.

9. Stay application stands disposed of.

List alongwith S.B. Civil Second Appeal No.136/2021.

(SUDESH BANSAL),J

TN/24

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