Rajasthan High Court - Jaipur
Ramratan Son Of Shri Kanhaiyalal vs Kalyan Sahai Son Of Shri Jagdev on 23 March, 2022
Author: Sudesh Bansal
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil First Appeal No. 146/2022
Ramratan Son Of Shri Kanhaiyalal, & Ors.
----Appellants
Versus
Kalyan Sahai Son Of Shri Jagdev, & Ors.
----Respondents
with S.B. Civil First Appeal No. 149/2022 Smt. Manbhari Devi D/o Shri Jagdev,
----Appellant Versus Kalyan Sahay S/o Shri Shri Jagdev,
----Respondent For Appellant(s) : Mr. J.P. Goyal, Sr. Adv. assisted by Mr. Abhi Goyal Mr. Peush Nag For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL Order 23/03/2022 Both these first appeals have arisen against the judgment and preliminary decree for partition as well as cancellation of sale deed dated 20.10.2006 vide judgment dated 05.03.2022 passed by District Judge, Jaipur in civil suit No. 05/2007, CIS No.2144/2014 titled as Kalyan Sahai Vs. Radhakishan & Ors.
Appeal No. 146/2022 has been filed by defendants No. 3 and 4 in whose favour through registered sale deed dated 20.10.2006 part of the suit property was sold and the registered (Downloaded on 28/03/2022 at 09:01:38 PM) (2 of 2) [CFA-146/2022] sale deed has been declared as null and void while passing the decree for partition.
Appeal No. 149/2022 has been filed by defendant No. 2, who happens to be sister and claims her 1/3rd share in the property in question. However, in the impugned judgment, the property has been partitioned in equal 1/2 share between the plaintiff and defendant No.1 on the basis of Will dated 26.07.2000.
Having heard learned counsel for appellant, perusal of the impugned judgment, these first appeals required to be heard on facts as well as on law, hence admitted for hearing.
In the facts and circumstances of the case and considering the nature of decree, it is hereby directed that until further orders, the execution and operation of the impugned judgment and decree dated 05.03.2022 shall remain stayed with further direction that both parties shall maintain status quo as to alienation and possession of the property in question.
However, the interim order shall not come in way in continuation of any other proceedings between the parties pending before revenue courts.
Issue notice of the appeals as also stay applications. Record of the trial courts be summoned.
(SUDESH BANSAL),J TN/20 & 74 (Downloaded on 28/03/2022 at 09:01:38 PM) Powered by TCPDF (www.tcpdf.org)