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2018 Supreme(Raj) 870

ARUN BHANSALI
Iqbal Banu – Appellant
Versus
Ramesh – Respondent


Advocates Appeared:
Sajjan Singh, Salil Trivedi, H.R. Soni.

JUDGMENT

1. This appeal has been filed by the appellant aggrieved against the judgment and decree dated 23.2.2018 passed by the Addl. District Judge, Pali, whereby, the suit for cancellation of release deed, possession & damages filed by the plaintiff appellant has been dismissed and the counter claim filed by the defendant respondents for possession has been decreed.

2. The appeal was admitted on 10.4.2018.

3. The respondent no. 2 has filed reply to the stay petition, wherein, an objection has been raised that the appeal as filed is not maintainable, as a single appeal against the dismissal of the suit and decree of the counter claim is not maintainable and, therefore, the appellant cannot claim any stay against the decree passed in counter claim.

4. When the matter came up for orders on stay application, learned counsel for the parties were heard on the objection to the maintainability of single appeal against the impugned judgment, wherein, the suit filed by the plaintiff has been rejected and the counter claim filed by the defendants has been allowed by the trial court.

5. It is submitted by learned counsel for the respondents that the plaintiff filed a suit for cancellation of rele























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