Soni Devi vs Khinya Ram - 2023 Supreme(Raj) 1982

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1982

REKHA BORANA
Soni Devi – Appellant
Versus
Khinya Ram – Respondent

Advocates:
Advocate Appeared:
For the Appellants : Sajjan Singh Rajpurohit, Manish Bhunwal
For the Respondent: Ajay Vyas, Jatin Sankhala

Table of Content
1. fact of second stay application being rejected (Para 1 , 2 , 3 , 4)
2. arguments on merits of the case (Para 5 , 6 , 7 , 8)
3. court's observations on merits and implications (Para 9 , 10 , 11)
4. final order and disposal of appeal (Para 12 , 13)

ORDER :

1. The present appeal has been preferred against the order dated 19.04.2023 passed by the Additional District Judge No.5, Jodhpur Metro, Jodhpur whereby the second stay application under Order 39 Rules 1 & 2, CPC preferred by the plaintiff has been rejected.

2. The brief facts of the case are that a suit for cancellation of the release deed was preferred by plaintiff-Soni Devi being mother of the defendants. It was averred in the plaint that the release deed was got executed by her sons fraudulently in the garb of gift deeds to be executed in favour of her daughters. Along with the suit, an application under Order 39 Rules 1 & 2, CPC was preferred at the initial stage which was rejected on the ground that there are no chances of possession of the plaintiff being disturbed by the defendants as defendant No.2-Khinya Ram had himself filed a written statement in favour of the plaintiff admitting the factum of the release d

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