Puranmal Alias Purnashanker v. Lrs of Smt. Pushpa Devi
2025-03-07
REKHA BORANA
body2025
DigiLaw.ai
ORDER : REKHA BORANA, J. 1. Learned counsel for the appellant submits that on the same date i.e. 22.02.2024, four suits arising out of the identical facts were decided by the learned Trial Court. He submits that in S.B. Civil First Appeal No.306/2024 filed against the other identical suit being Civil Original Suit No.05/2017, an interim order has been passed by this Court on 13.01.2025. 2. In S.B. Civil First Appeal No.306/2024, on 13.01.2025, the Court observed and passed the following order: “1. Learned counsel for the appellant submits that the learned Trial Court erroneously proceeded on to decree the suit of the plaintiff for recovery of consideration amount whereas the defendant had specifically admitted for specific performance of the contract i.e. to get the sale-deed registered in favour of the plaintiff. 2. Learned counsel further submits that even if the conclusion as drawn by the learned Trial Court of the defendant having 1/7 th share in the property is considered, he had agreed to sell out 1/12 th share in the complete property which clearly was less than his share. 3. Learned counsel further submits that even otherwise the suit in question was not maintainable as no relief for specific performance was even prayed for and in absence of such relief, a simpliciter suit for refund of the consideration amount could not have been maintained. 4. In view of the submissions made, Admit. Issue notice. Issue notice of the stay application also. 5. Notices be filed in two sets within a period of one week. On the same being filed, one set be given ‘dasti’ to learned counsel for the appellant for service through registered post acknowledgment due. 6. Postal receipts of ‘dasti’ notices be filed within a period of one week from the date of receipt of ‘dasti’notices. 7. Notices be made returnable on 13.02.2025. 8. Meanwhile, the effect, operation and execution of the judgment and decree dated 22.02.2024 passed by Additional District Judge No.3, Bhilwara Camp, Mandalgarh in Civil Regular Case No.05/2017 shall remain stayed.” 3. In view of the above, Admit. Issue notice. Issue notice of stay application also. 4. Notices be filed in two sets within a period of one week. On the same being filed, one set be given 'dasti' to learned counsel for the appellant for service through registered post acknowledgment due. 5.
In view of the above, Admit. Issue notice. Issue notice of stay application also. 4. Notices be filed in two sets within a period of one week. On the same being filed, one set be given 'dasti' to learned counsel for the appellant for service through registered post acknowledgment due. 5. Postal receipts of the 'dasti' notices be filed within a period of one week from the date of receipt of 'dasti' notices. 6. Notices be made returnable on 07.04.2025. 7. Meanwhile, the effect, operation and execution of the judgment and decree dated 22.02.2024 passed by the Additional District Judge No.3, Bhilwara, Camp Mandalgarh in Civil Regular Case No.06/2017 (CIS No.14/2017) shall remain stayed. 8. Application for preponement of the date is disposed of