[2023:RJ-JD:37923]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 593/2018 Hariram S/o Prabhuji, Aged About 60 Years, B/c Mali, R/o Dhora Bera, Bishangarh, Road, Near Jawai River, Jalore A Tehsil And District Jalore ----Appellant Versus Harish Kumar S/o Rikabchandji, Aged About 60 Years, B/c Brahmin, R/o Bishangarh, Tehsil And District Jalore ----Respondent For Appellant(s) : Ms. Pratyushi Mehta For Respondent(s) : Mr. Narendra Thanvi HON'BLE MS. JUSTICE REKHA BORANA

Order

06/11/2023 Reportable

1. Matter comes up for final orders on stay petition.

Learned counsel for the appellant prays for confirmation of the interim order dated 13.12.2018 till the final disposal of the appeal and learned counsel for the respondent prays for vacation of the same & rejection of the stay petition. In the alternate, prayer for grant of ‘mesne profit’ in the eventuality of the interim order being confirmed, has been made.

2. Learned counsel for the appellant submitted that the interim order dated 13.12.2018 deserves to be confirmed till final disposal of the present appeal as firstly, it is an admitted fact that a revenue suit for partition is pending between the appellant and