Appellants in a first appeal sought a stay restraining the respondent from creating third-party rights over the disputed property. The Court found no cogent grounds and dismissed the stay application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Stay Application No.285/2023
in
S.B. Civil First Appeal No. 106/2023
Both are R/o Village Alampur, Tehsil Kotkasim, Distt. Alwar, Rajasthan.
----Appellants
Versus
Smt. Kavita W/o Satpal, R/o Village Tavadu, Distt. Mewat Nuhe, Haryana.
----Respondent
For Appellant(s) : Mr. Gajender Singh Rathore For Respondent(s) : Mr. Pardeep Malik
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
13/08/2024
The present stay application has been filed on behalf of the appellants under Order 41 Rule 5 r/w Section 151 C.P.C. to restrain the respondent from creating any third pary right(s) and to maintain status quo of the property in question.
Heard learned counsel for the appellants and perused the material made available on record.
After going through the entire facts & circumstances of the case & submissions made at bar, this Court does not find any cogent ground/reason to allow the stay application. Therefore, the same is liable to be dismissed.
Accordingly, the stay application is dismissed being devoid of merits.
(VINOD KUMAR BHARWANI),J
SAHIL SONI /68
1 issue framed by the court
Whether the stay application under Order 41 Rule 5 CPC should restrain the respondent from creating third-party rights and maintain status quo during the appeal.
1 provisions across 1 enactments
Phool Singh S/o Tejram
Sunil Kumar S/o Sumer Singh
Smt. Kavita W/o Satpal
Vinod Kumar Bharwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
