Parimal Ghosh And ORS v. Nandalal Ghosh And ORS

Case No :IA. 0000567/2015 Party Name : PARIMAL GHOSH & ORS Vs NANDALAL GHOSH & ORS HONBLE THE CHIEF JUSTICE DEEPAK GUPTA THE HONBLE MR JUSTICE U. B. SAHA This is an application for staying the operation of the judgment and decree dated 29.09.2015 passed by the learned Civil Judge, Sr. Division, Gomati District, Udaipur, Tripura in Case No.T.S.39 of 2013.

The learned trial Court has decreed the suit of the plaintiffs-respondents and has directed that three registered sale deeds executed on 26.09.2012 are in-operative and the same may be cancelled. It has further been directed that the appellants-defendants should deliver possession of the suit land to the plaintiffs-respondents. This is a first appeal and we are prima facie satisfied that it requires to be heard. Hearing of the cases is likely to take some time. We, therefore, stay the operation of the judgment an decree dated 29.09.2015 passed by the learned Civil Judge, Sr. Division, Gomati District, Udaipur, Tripura in case No.T.S. 39 of 2013 subject to the condition that the petitioner shall not change the nature of the suit land and shall not create any encumbrance on the suit land whatsoever by way of lease, mortgage, tenancy etc. till disposal of the appeal.

The application is disposed of.

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