SONI DEVI Vs. KHINYA RAM

JUDGEMENT

(1.) The present appeal has been preferred against the order dtd. 19/4/2023 passed by the Additional District Judge No.5, Jodhpur Metro, Jodhpur whereby the second stay application under Order 39 Rules 1 and 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 and 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 deed being executed fraudulently in the garb of the gift deed.

(3.) After the said stay petition being rejected on 6/11/2017, the second stay petition has been preferred in the year 2023 with an averment that defendant No.2-Khinya Ram, who had specifically supported the case of the plaintiff, is now proceeding on to sell out the plots on the land in question and therefore, he be restrained from doing so.