Rajasthan High Court - Jodhpur
Lrs Of Jeevan Ram vs Krishan Kumar And Ors on 24 January, 2019
Author: P.K. Lohra
Bench: P.K. Lohra
HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR
S.B. Civil First Appeal No. 249/2014
Lrs Of Jeevan Ram
----Appellant
Versus
Krishan Kumar And Ors.
----Respondents
For Appellant(s) : Mr. R.S. Choudhary
For Respondent(s) : Mr. G.R. Bhari
HON'BLE MR. JUSTICE P.K. LOHRA
Order 24/01/2019 Matter comes up on an application filed on behalf of first respondent seeking permission to construct water tank in the disputed agricultural field and also to alienate the plot belonging to Late Chunni Ram.
The application is contested by appellants by filing a detailed reply.
I have considered the averments made in the application as well as reply and heard learned counsel for the parties.
The instant appeal is filed by appellant-plaintiffs to challenge judgment and decree passed by learned trial Court dismissing their suit for cancellation of adoption deed, allegedly executed by Late Chunni Ram in favour of Krishna Kumar-first respondent. The appeal was admitted on 02.11.2014 and at the threshold, while considering prayer for grant of interim relief, both the parties were directed to maintain status quo regarding possession and title of the suit property. Subsequently, the ad-interim stay order was also made absolute on 13.02.2017.
(2 of 2) [CFA-249/2014] Having regard to the facts and circumstances of the case and considering the interim order granted earlier, which has been made absolute by the Court, in my opinion, no plausible ground is made out in the application for modifying the interim stay order granted earlier. As the dispute involved in the matter relates to immovable property, it is likely to create multiplicity of proceedings, therefore, viewed from any angle, no case of modification of ad-interim stay order granted earlier is made out.
Resultantly, the application fails and same is hereby rejected.
(P.K. LOHRA),J 52-T.Singh/-
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