Smt. Payal Chug W/O Late Shri ... vs Smt. Bhawana Nagpal Alias Asha ...
2022 Latest Caselaw 6131 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Civil First Appeal No. 529/2022

Smt. Payal Chug W/o Late Shri Brijmohan Chug, Aged About 50
Years, Resident Of 7-Ga-17, Jawahar Nagar, Jaipur (Raj.)
                                                                        ----Appellant
                                   Versus
Smt. Bhawana Nagpal Alias Asha Chug W/o Late Shri Prakash
Nagpal, Aged About 53 Years, D/o Late Shri Purshottam
Govindram, Resident Of Flat No. 204, Goldensafar, K-6, Fateh
Tiba, Adarsh Nagar, Jaipur (Raj.)
                                                                   ----Respondent

For Appellant(s) : Mr. Shailesh Prakash Sharma For Respondent(s) : Mr. R.K. Daga

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

09/09/2022

Appellant-defendant, by way of this first appeal, has

challenged the judgment and decree dated 16.07.2022 passed by

Additional District Judge No.7, Jaipur Metropolitan-I, Jaipur in civil

suit No.39/2016 (CIS No.01/2016) whereby and whereunder the

suit for possession, mesne profit and permanent injunction has

been decreed.

Learned counsel for appellant submits that the property in

question was belonging to Shri Purushottam Govind Ram Chug,

who executed a 'Will' dated 20.09.1985 and as per this 'Will', the

plaintiff and defendant both are the co-sharer as the plaintiff is

daughter and defendant is widow daughter in law. The counsel has

also pointed out that a civil suit for partition was also filed but the

(2 of 2) [CFA-529/2022]

same has been dismissed and there against civil first appeal

No.850/2017 is pending before this Court.

Respondent-plaintiff has appeared as Caveator through his

counsel, who does not dispute the execution of 'Will' dated

20.09.1985 made by Shri Purushottam Govind Ram Chug but he

submits that after his death, his wife has executed a gift deed

dated 27.08.2009 in favour of plaintiff and therefore, plaintiff has

acquired absolute ownership.

Heard learned counsel for both parties, matter requires

consideration.

Admit.

Issue notice.

Since respondent has already appeared and accepts notice.

Service stands complete.

Record of the trial court be summoned.

In the meanwhile, the decree for possession shall remain

stayed.

Learned counsel for respondent may file reply to the stay

application. The issue with regard to the mene profit shall be

considered after hearing the stay application finally.

List this appeal after summoning the record alongwith S.B.

Civil First Appeal No.850/2017.

(SUDESH BANSAL),J

TN/18

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