Smt. Vijay D/O Shri Bhagwan Singh ... vs Smt. Jaya D/O Late Shri Bhagwan ...
2022 Latest Caselaw 6802 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil First Appeal No.528/2022

Smt. Vijay D/o Shri Bhagwan Singh W/o Promod
                                                                   ----Appellant
                                   Versus
Smt. Jaya D/o Late Shri Bhagwan Singh W/o Promod & Ors.
                                                                ----Respondents

For Appellant(s) : Mr. Nikhlesh Katara For Respondent(s) : Mr. J K Moolchandani

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

19/10/2022

Appellant-plaintiff has preferred this first appeal feeling

aggrieved by judgment dated 15.07.2022 in Civil Suit No.57/2014

passed by the court of Additional District Judge No.2, Bharatpur

whereby and whereunder her civil suit for cancellation/declaration

of the registered gift deed dated 14.08.2014 has been dismissed.

It appears that Shri Bhagwan Singh through registered gift

deed dated 14.08.2014 gifted his house to his grandsons Rahul

and Shantanu Kumar. Appellant-plaintiff is out of possession of the

house yet instituted the civil suit impleading her sisters and

brother, apart from Rahul and Shantanu Kumar. Appellant's suit

has been dismissed on merits.

Heard.

Admit.

Issue notice to respondents.

Since counsel for respondent Nos.3, 4 & 5 has put in

appearance hence notice be issued to remaining respondents.

Record of trial court be summoned.

(2 of 2) [CFA-528/2022]

Having considered the facts and circumstances of the case,

where the plaintiff is not in possession of the suit property, the

stay application is disposed of with observation that any further

sale/transfer of the suit property shall governed by the principle of

lis pendens.

The stay application stands disposed of.

(SUDESH BANSAL),J

SAURABH/16

Powered by TCPDF (www.tcpdf.org)