Dismissed

Kumarpal S/O Kishan Singh v. Bhudevi W/O Sahab Singh

Rajasthan HC21 Nov 2022CR/38/2020

Case brief

AI extract

What is this about?

The High Court of Rajasthan, Jaipur Bench, dismissed a special civil revision petition filed by petitioners against an order dismissing their application under Section 28 of the Specific Relief Act. The court allowed the withdrawal of the petition with liberty to raise objections in the pending first appeal.

What did the court decide?

The revision petition is dismissed as withdrawn with liberty to raise objections in the first appeal.

Kumarpal S/O Kishan Singh Vs Bhudevi W/O Sahab Singh — Specific Performance | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Revision Petition No.38/2020

¶3

Kumarpal

¶4

Maneesh

¶5

Jahan Singh

¶6

Sons of Kishan Singh, R/o Nagla Terhiya Tehsil And District Bharatpur (Raj.)

¶7

Mst. Savitri W/o Kishan Singh

¶8

Mst. Anita D/o Kishan Singh resident of Nagla Terhiya Tehsil And District Bharatpur (Raj.)

¶9

----Petitioners

¶10

Versus

¶11

Bhudevi W/o Sahab Singh, R/o Nagla Terahiya Tehsil And District Bharatpur.

¶12

----Respondent

¶13

For Petitioner(s) : Mr. M.M. Ranjan, Sr. Advocate assisted by Mr. Lokesh Tiwari For Respondent(s) : Mr. Vinod Kumar Singhal

¶14

HON'BLE MR. JUSTICE SUDESH BANSAL

¶15

Order

¶16

21/11/2022

¶17

This revision petition has been filed by petitionersdefendants assailing the order dated 07.01.2020 passed in Civil Application No.18/2019 by the Court of Additional District Judge No.3, Bharatpur whereby and whereunder their application under Section 28 of the Specific Relief Act has been dismissed.

¶18

It is not in dispute that against the impugned judgment and decree dated 14.12.2018, passed in favour of respondent-plaintiff for specific performance, petitioners have already preferred S.B.

¶19

(2 of 2)

¶20

[CR-38/2020]

¶21

Civil First Appeal No.109/2019 and in the first appeal, after hearing both parties, vide order dated 03.11.2020, both parties have been directed to maintain status quo with regard to the property in dispute.

¶22

Since the judgment and decree dated 14.12.2018 for which non-compliance is alleged by petitioners in the present revision petition is already under challenge in the first appeal, therefore, petitioners seek permission to withdraw this revision petition with liberty to raise their objections in the first appeal.

¶23

Taking into consideration the aforesaid facts, the revision petition is dismissed as withdrawn with liberty prayed for.

¶24

All pending application(s), if any, stand(s) disposed of.

¶25

(SUDESH BANSAL),J

¶26

SAURABH/23

Kumarpal S/O Kishan Singh v. Bhudevi W/O Sahab Singh

Case brief

What is this about?

What did the court decide?

Kumarpal S/O Kishan Singh v. Bhudevi W/O Sahab Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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