Allahabad High Court
Sardar Indrajeet Singh @ Raju vs Sardar Harvinder Singh And 7 Others on 18 February, 2020
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 3 Case :- MATTERS UNDER ARTICLE 227 No. - 1106 of 2020 Petitioner :- Sardar Indrajeet Singh @ Raju Respondent :- Sardar Harvinder Singh And 7 Others Counsel for Petitioner :- Sheo Shankar Tripathi,Adya Prasad Tewari Counsel for Respondent :- Mani Ram Verma Hon'ble Ajay Bhanot,J.
Learned counsel for the petitioner is permitted to amend the prayer for interim relief.
The property in dispute was purchased in the name of Sardar Harvinder Singh. However, the entire sale consideration was paid by Sardar Shiv Singh to the vendor Mahendra Singh. Mahendra Singh has tendered an affidavit to this effect before the learned trial court. The parties to the suit namely the petitioner and defendant no. 1 Sardar Harvinder Singh belong to the same family and have a common ancestor. The property in dispute was not self acquired property of Sardar Harvinder Singh. The family settlement was executed between the petitioner and all other family members including Sardar Harvinder Singh. The property in dispute according to the family settlement fell to the share of the petitioner/plaintiff. The family settlement was finally made part of a compromise decree in the judgment and order dated 16.01.2018 rendered by the learned trial court in Original Suit No. 511 of 2009 (Sardar Narendra Singh Vs Sardar Devendra Singh and others. Sardar Harvinder Singh, defendant no.1/respondent no. 1 was also party to the aforesaid suit and the compromise decree. This document is also in the record before the learned courts below in regard to various properties including the disputed property.
Learned counsel for the petitioner has pointed out to the signatures of respondent no. 2, Sardar Narendra Singh in the records of the learned trial court in Original Suit No. 511 of 2009, which attests to his presence and connection to the suit.
Law has long vested sanctity in family settlements. Good authorities of courts holds family settlements to be final. Respondent Sardar Harvinder Singh cannot resile from the said settlement in the manner he seeks to do.
By neglecting to consider the aforesaid documents the learned trial court as well as the learned appellate court have misdirected themselves in law. The judgments of the learned trial court and learned appellate court are unsustainable.
Matter needs consideration.
Issue notice to the respondents by registered post AD as well as by regular process returnable within four weeks.
The respondents may file counter affidavit within four weeks.
List thereafter.
The effect and operation of the order dated 02.04.2019 passed by the Civil Judge (Senior Division), Gorakhpur in Original Suit no. 390 of 2014 and order dated 19.12.2019 passed by District Judge, Gorakhpur in Misc. Civil Appeal No. 20 of 2019 shall remain stayed.
Till further orders of the court status quo in regard to the property in dispute shall be maintained. The respondent no. 1/defendant no. 1 and respondent no. 8 Smt. Swarnkeshi Devi are restrained from creating third party rights in the property.
Order Date :- 18.2.2020 Dhananjai