Allahabad High Court
Gulab Kali vs Raghu Nath Prasad @ Raghu Nath And 2 ... on 23 September, 2014
Author: Abhinava Upadhya
Bench: Abhinava Upadhya
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 26 Case :- WRIT - C No. - 51513 of 2014 Petitioner :- Gulab Kali Respondent :- Raghu Nath Prasad @ Raghu Nath And 2 Others Counsel for Petitioner :- K.C.Pandey Hon'ble Abhinava Upadhya,J.
By means of this writ petition the petitioner has challenged the order of the trial court as well as the appellate court by which application under Order XXXIX Rule 1 and 2 CPC has been allowed in favour of the plainitff, who filed a suit being Suit No. 699 of 2008 for cancellation of sale deed.
It is submitted that a sale deed was executed by the plainitff-respondent in the year 2007 and on the basis of the aforesaid sale deed the name of the petitioner has been recorded in the revenue record as a tenure holder as the property in question is an agricultural property. It is further submitted that the trial court initially did not grant interim injunction but subsequently had granted interim injunction whereas the petitioner is in possession and his name has also been recorded in the revenue record. Against the order of the trial court, an appeal was filed by the petitioner-defendant and now the appeal has been rejected. It is submitted that the civil court has no jurisdiction and the suit is barred by Section 331 of the UPZA&LR Act and no interim injunction can be granted in a suit which is barred by specific provision of law.
The matter requires consideration.
Issue notice to the respondents returnable at an early date.
Learned counsel for the petitioner will take steps for service of notice upon the respondent within a week.
List this case after service of notice.
Till the next date of listing, the parties to the suit shall maintain status quo with regard to the suit property.
Order Date :- 23.9.2014 SKM