Partly allowed

Radheshyam S/O Late Vishanlal v. Trust Murti Mandir Shri Kailadevi Ji

Rajasthan HC8 Apr 2024CSA/134/2024

Case brief

AI extract

What is this about?

The court disposed of a civil second appeal by affirming the lower court's judgment. It granted the appellant-defendant time until June 2026 to vacate the suite premises, imposed restraints on property transfer, and required submission of an undertaking with a surety.

What did the court decide?

Time till June 2026 granted to vacate; restraints on transfer/alienation imposed; undertaking with surety required.

Radheshyam S/O Late Vishanlal Vs Trust Murti… — Execution and Attachment | Rajasthan HC (2024)

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[2024:RJ-JP:16717]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Second Appeal No. 134/2024

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Radheshyam S/o Late Vishanlal, Aged About 43 Years, R/o Village Kailadevi, Tehsil Karauli, District Karauli (Rajasthan).

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----Appellant

¶6

Versus

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Trust Murti Mandir Shri Kailadevi Ji, Through Sole Trustee Shri Krishnachandra Pal S/o Late Shri Surendra Pal, R/o Bhanwar Vilas Palace, Karauli Through General Power Of Attorney Holder Gopal Lal S/o Late Shri Ramprasad, R/o Karauli, At Present Manager(Legal Work) Trust Murti Mandir Shri Kailadevi Ji, Tehsil Karauli, District Karauli (Rajasthan).

¶8

Manager (Legal Work), Trust Murti Mandir Shri Kailadevi Ji Through Gopal Lal S/o Late Shri Ramprasad, R/o Karauli At, Present Manager(Legal Work) Trust Murti Mandir Shri Kailadevi Ji Karauli, Tehsil Karauli, District Karauli (Rajasthan).

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----Respondents

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For Appellant(s)	: Mr. J.P. Goyal Sr. Adv. with
	Mr. Siddarth Singh
	Ms. Meenal Bhargava
For Respondent(s)	: Mr. Rajneesh Gupta

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order

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08/04/2024

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Appellant Mr. Radhe Shyam is present in person and Mr. Gopal Lal, Manager on behalf of respondent Trust is also present in person.

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During course of arguments, a suggestion is made by learned counsel for respondent to dispose of the instant second appeal by granting some time to the appellant to vacate the suit property in pursuant to judgment and decree of the courts below.

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After consulting appellant in person, learned Senior Advocate, appearing for appellant submits that time till June, 2026 be granted to appellant to vacate the suit premises.

[2024:RJ-JP:16717]

[CSA-134/2024]

(2 of 2)

Learned counsel for respondent agreed to aforesaid timeline as suggested by learned Senior Advocate for appellant.

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Therefore, we are disposing of this S.B. Civil Second Appeal in following terms:-

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i. The judgment and decree dated 01.11.2023 in Civil Suit No. 118/2014 affirmed in civil appeal No.83/2023 on 01.02.2024 are hereby affirmed and the instant second appeal stands dismissed.

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ii. Time till June, 2026 is granted to appellant-defendant to vacate the suit premises and handing over vacant possession to the representative of the plaintiff.

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iii. The appellant is restrained not to transfer or alienate the suit property till handing over the vacant possession to respondent-plaintiff or its assignee.

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iv. Appellant-defendant will continue to pay mesne profit or rent as directed by the Court, if any.

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v. The appellant-defendant will not cause any damage or substantial alteration to the property in dispute till its vacation and handing over the possession to the respondent-plaintiff.

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With aforesaid conditions an undertaking with one surety of ₹2 Lakh shall be submitted by the appellant-defendant to the satisfaction of learned trial Court, within a period of 30 days.

¶27

The instant second appeal stands disposed of.

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Misc. application, if any, stands disposed of.

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(ASHOK KUMAR JAIN),J

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GARIMA /18

Radheshyam S/O Late Vishanlal v. Trust Murti Mandir Shri Kailadevi Ji

Case brief

What is this about?

What did the court decide?

Radheshyam S/O Late Vishanlal v. Trust Murti Mandir Shri Kailadevi Ji

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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