Rajasthan High Court - Jodhpur
Ajay Kumar Gupta vs Balveer Singh (2025:Rj-Jd:34401) on 4 August, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:34401]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil First Appeal No. 440/2019
Ajay Kumar Gupta S/o Makhan Lal Gupta, Aged About 53 Years,
R/o 103 H Block, Sriganganagar
----Appellant
Versus
1. Balveer Singh S/o Jogendra Singh, R/o House No. 9
Aadarsh Colony, Church Road, Sri Ganganagar.
2. State Bank Of Bikaner And Jaipur, Branch Jawahar Nagar,
Tehsil And District Sriganganagar.
----Respondents
For Appellant(s) : Mr. Aakash Kukkar
For Respondent(s) : Mr. SL Jain
HON'BLE MR. JUSTICE FARJAND ALI
Order
04/08/2025
1. The application filed by respondent under Section 379 of
BNSS read with Section 215 of BNS is dismissed as withdrawn by
learned counsel Mr. SL Jain.
2. Since there was some error in the decree and therefore, an
application was moved under Section 152 of C.P.C. for rectification
of the same and which has been allowed and amended decree has
been passed. The application moved for taking on record the same
is allowed. Accordingly, the amended judgment and decree be
made part of the instant appeal and the same shall also be treated
as an impugned judgment and decree for the purpose of this
appeal.
3. Heard on stay application.
4. The suit for specific performance of the contract was filed on
behalf of respondent-plaintiff, which was decreed by learned trial
court through the judgment under challenge and the amended
decree.
[2025:RJ-JD:34401] (2 of 2) [CFA-440/2019]
5. The observation of learned trial court that the suit property is
in possession of the plaintiff-respondent here in is not under
dispute as on date. Execution proceeding has been initiated for the
issuance of directions to the defendant appellant to execute the
sale deed in pursuance of the judgment and decree.
6. In this view of the matter, both the parties are agreeable
that the appellant would execute the sale deed in favour of the
plaintiff-respondent just to avoid the rift and battle of execution
proceeding, within a period of two months from now, further the
execution of sale deed shall not be treated as waver of the right of
the appellant to make a challenge to the very finding of learned
trial court and the same shall remain subject to the outcome of
the final decision of this appeal. It is also deemed appropriate to
direct the plaintiff-respondent that during the pendency of appeal,
he would not create a third party interest or not align the property
in any manner to any third party post execution to sale deed in his
favour.
7. Learned counsel Mr. S.L. Jain appearing for the plaintiff
contends that after execution of the sale deed, the party shall be
allowed to raise construction over the said property and he
assures that if ultimately the appeal is decided in favour of the
appellants, then he would not claim the expenses incured in
erection of the building.
8. Accordingly, the instant application is disposed of.
(FARJAND ALI),J
88-chhavi/-
Powered by TCPDF (www.tcpdf.org)
