Rajasthan High Court - Jaipur
Ashok Kumar Jain Son Of Late Shri Rajmal ... vs Dr. Vimal Kumar Jain Son Of Laxmi Chand ... on 25 May, 2022
Author: Sudesh Bansal
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil First Appeal No. 269/2022
Ashok Kumar Jain Son Of Late Shri Rajmal Ji Jain,
----Appellant
Versus
Dr. Vimal Kumar Jain Son Of Laxmi Chand Jain & Ors.
----Respondents
For Appellant(s) : Mr. Nitin Jain
For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
25/05/2022
Appellant-defendant No.2, who is purchaser of the suit property through registered sale deed dated 06.08.2012 and having the actual and physical possession, has preferred this first appeal assailing the judgment and decree dated 25.04.2022 passed in Civil Suit No.744/2012 (CIS No.3144/2014) by the Court of Additional District Judge No.4, Jaipur Metropolitan-II in favour of respondent Nos.1 & 2-plaintiffs whereby and whereunder the respondents-plaintiffs' suit for pre-emption and permanent injunction has been decreed.
The trial court has issued directions that plaintiffs' name be substituted in the sale deed in place of appellant-defendant and appellant would hand over the possession of suit properties within two months, failing which, plaintiffs would be entitled to receive mesne profits at the rate of Rs.1,000/- per month from appellant.
Learned counsel for appellant submits that the decree for pre-emption is invalid and not sustainable in law as the seller as (Downloaded on 30/05/2022 at 08:48:01 PM) (2 of 2) [CFA-269/2022] well as purchaser both have put a notice to plaintiffs before execution of sale deed.
Heard.
Admit.
Issue notice to respondents-plaintiffs as well as respondent No.3-seller.
Record of the trial court be also summoned. Having considered the facts and circumstances of the case and considering the nature of decree, this Court deems it just and proper to stay the execution and operation of impugned judgment and decree dated 25.04.2022 subject to condition that appellant- defendant No.2 shall continue to deposit the amount of mesne profits at the rate of Rs.1,000/- pre month from June, 2022 onwards during course of this appeal before the trial court and would submit deposition receipts yearly on record before this Court and further both parties are directed to maintain status quo as to alienation and possession in relation to the suit property.
(SUDESH BANSAL),J SAURABH/92 (Downloaded on 30/05/2022 at 08:48:01 PM) Powered by TCPDF (www.tcpdf.org)