Shri Krishna Leela vs Tiku Ram And Anr
2023 Latest Caselaw 2351 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil First Appeal No. 128/2016

Shri Krishna Leela

----Appellant Versus Tiku Ram And Anr.

----Respondents

For Appellant(s) : None present For Respondent(s) : None present

HON'BLE MS. JUSTICE REKHA BORANA

Order

20/03/2023

Learned counsel are not appearing on behalf of the parties

apparently for the reason that they are abstaining from work

pursuant to the call given by the office bearers of the Bar

Association. Such non-appearance is clearly illegal and in breach

of the order of Hon'ble the Supreme Court in the case of Ex.

Capt. Harish Uppal Vs. Union of India & Anr. reported in

(2003) 2 SCC 45.

As per the office report, service upon all the respondents is

complete.

A perusal of the record shows that the present appeal has

been preferred against judgment and decree dated 29.03.2016

whereby the suit for specific performance of contract as preferred

by the plaintiff was dismissed. Although, the notices of stay

application were issued on 13.05.2016 by this Court but no

interim order has been passed in the matter.

In the stay application, it has been prayed by the appellant

to restrain the respondents from alienating or transferring the

(2 of 2) [CFA-128/2016]

disputed property. The judgment pertains to the year 2016 and

till date, no interim order has been passed by this Court. It is

quite possible that the property might have been alienated by now

and no fruitful purpose would be served by passing any interim

order now in the year 2023.

The stay petition is therefore, dismissed.

Record has been received.

Let the appeal be listed for hearing in due course.

(REKHA BORANA),J 62-T.Singh/-

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