Citation : 2023 Latest Caselaw 4658 Raj
Judgement Date : 15 May, 2023
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 467/2022
1. Late Mohanlal, through his LRs-
1/1. Manju Devi W/o Late Shri Mohanlal, Aged About 65 Years, R/o Near Mataji Temple Street, behind Shankar Takij, Nohar, District Hanumangarh.
1/2. Deepa D/o Late Shri Mohanlal, Aged About 35 Years, R/o Near Mataji Temple Street, behind Shankar Takij, Nohar, District Hanumangarh.
1/3. Jeetendra S/o Late Shri Mohanlal, Aged About 33 Years, R/o Near Mataji Temple Street, behind Shankar Takij, Nohar, District Hanumangarh.
2. Narendra S/o Late Shri Mohanlal, Aged About 41 Years, R/o Near Mata Ji Temple Street, behind Shankar Takij, Nohar, Distt. Hanumangarh.
3. Surendra S/o Late Shri Mohanlal, Aged About 42 Years, R/o Near Mata Ji Temple Street, behind Shankar Takij, Nohar, Distt. Hanumangarh.
----Appellants Versus
1. Shankarlal S/o Shri Tekchand, R/o Nohar, District Hanumangarh, Currently Residing at Dholawali District Jampa, Nepal.
2. Sajanlal S/o Shri Tekchand, R/o Nohar, District Hanumangarh, Currently Residing at Dholawali District Bhadrapur, Nepal.
3. Sohanlal S/o Shri Tekchand, R/o Nohar, District Hanumangarh, Currently Residing at Dholawali District Bhadrapur, Nepal.
4. Bholaram S/o Shri Tekchand, R/o Nohar, District Hanumangarh, Currently Residing at Dholawali District Bhadrapur, Nepal.
----Respondents
For Appellant(s) : Mr. Rakesh Kumar Chotia
For Respondent(s) : --
(2 of 2) [CFA-467/2022]
HON'BLE MS. JUSTICE REKHA BORANA
Order
15/05/2023
1. Admit. Issue notice. Issue notice of stay petition also.
Notices be filed in two sets. One set of notices be given
'dasti' to learned counsel for the appellants for service through
registered post, acknowledgment due. Notices be made returnable
within a period of four weeks.
Postal receipts of the 'dasti' notices be filed within a period of
one week from the date of receipt of 'dasti' notices.
2. Call for the record.
3. Meanwhile, the operation and execution of the judgment and
decree dated 21.07.2022 passed by Additional District Judge No.2,
Nohar, District Hanumangarh in Civil Original Suit No.(37/2013)
16/2016 CIS No.140/2014 shall remain stayed subject to the
appellants continuously depositing the mesne profits with the
learned Trial Court in terms of the Judgment dated 21.07.2022.
The arrears of the mesne profits as directed by the Court be also
deposited within a period of three months from today. The amount
when deposited, be disbursed to the respondents on an
application being filed for the purpose.
If the amount is not deposited within the said period, the
present interim order shall cease to exist.
(REKHA BORANA),J 10-Sachin/-
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