Vijaypal Singh S/O Shri ... vs Shyamlal S/O Chuttanlal
2022 Latest Caselaw 7426 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Second Appeal No. 310/2019

Vijaypal Singh S/o Shri Dharamveer Singh
                                                                         ----Appellant
                                    Versus
Shyamlal S/o Chuttanlal & Anr.
                                                                      ----Respondents

For Appellant(s) : Mr. Jinesh Kumar Jain For Respondent(s) : Mr. Mohit Gupta

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

23/11/2022

An application (I.A. No.01/2020) has been filed by legal

representatives of appellant, stating inter alia that appellant-

plaintiff Vijaypal Singh has passed away on 12.12.2019 during

course of second appeal and right to continue the second appeal

survives upon them.

The application is well within limitation and for reasons

mentioned in the application, the same is allowed. Legal

representatives are allowed to be substituted in place of deceased

appellant. The amended cause title enclosed with the application is

taken on record.

Accordingly, application (I.A. No.01/2020) stands disposed

of.

The second stay application has been filed stating inter alia

that after passing the impugned judgment and decree dated

20.05.2019, respondent No.1 executed a gift deed dated

18.06.2019 and in turn the donee has executed a sale deed dated

19.04.2022 and now the purchaser having his hand in glove with

(2 of 2) [CSA-310/2019]

the respondent is inclined to change the present status of suit

property.

This second appeal is yet to be heard for admission. Taking

into consideration the aforesaid subsequent facts, in the

meanwhile, it is directed that status quo in respect of suit property

as to alienation, construction and possession shall be maintained.

List the matter again on 17.02.2023 for admission.

(SUDESH BANSAL),J

SACHIN/36

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