FA/2/2021
2021 Latest Caselaw 1055 UK

Citation : 2021 Latest Caselaw 1055 UK
Judgement Date : 22 March, 2021

Uttarakhand High Court

FA/2/2021 on 22 March, 2021

                   Office Notes,
                reports, orders or
                 proceedings or
SL. No   Date                                     COURT'S OR JUDGES'S ORDERS
                  directions and
                Registrar's order
                 with Signatures
                                     IA No.01 of 2021 (Stay Application)
                                     In
                                     FA No.02 of 2021
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. Nikhil Singhal, Advocate, for the appellant.

This is a plaintiff first appeal, which has been preferred against the ex parte judgment and decree dated 05.11.2020, which was rendered in Original Suit No.179 of 2019, "Smt. Madhavi Sonkar Vs. Smt. Neelam Newton", whereby the suit for specific performance preferred by the plaintiff/appellant had been dismissed.

When the first appeal was preferred, it was admitted by the Coordinate Bench of this Court vide its order dated 14.01.2021, and the respondent was noticed. There is an office report dated 25.02.2021, that the respondent had been served with the notices through her daughter, but none has put in appearance, before this Court so far.

Even when the matter was taken up on 15.03.2021, the matter was adjourned in order to enable the respondent to file an authority of a counsel and engage a counsel in the matter, but the same has not been done as yet.

Since, this is an admitted regular first appeal, as against the dismissal of the suit, which was for the grant of decree of specific performance, and couple with the fact that the respondent despite of having served with the notices, has not put in appearance, the stay application is being heard.

Looking to the facts and circumstances of the case, as narrated in the plaint in question as well as the findings, which has been recorded in the impugned judgment of the trial court dated 05.11.2020, by way of an interim measure, it is directed that the defendant/respondent, to the first appeal will not deal with the property in any manner whatsoever, by creating any third party interest.

List this matter after three weeks.

(Sharad Kumar Sharma, J.) 22.03.2021

NR/