Mr. Nishant Krishna vs Kumar Jain And Others. The Parties To The ... on 28 July, 2023

[Cites 1, Cited by 0]

Uttarakhand High Court

Mr. Nishant Krishna vs Kumar Jain And Others. The Parties To The ... on 28 July, 2023

Bench: Sharad Kumar Sharma

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                       COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  WPMS No. 2119 of 2023
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Nishant Krishna, Advocate, for the petitioner.

The petitioner is a defendant of Suit No. 329

of 2023, Master Navkar Jain Vs. Shri Praduman Kumar Jain and others. The parties to the suit, they derived their claim from the same lineage of the family.

The grievance of the plaintiff, in the Suit was as against the sale deed which was executed by defendant No.2 in favour of defendant Nos. 3 and 4, as it was got registered on 10th January, 2023, allegedly in relation to the property as described at the foot of the plaint, which is detailed hereunder :-

"All that piece of hilly land, having only one approach via staircase from Mall Road, Mussoorie, Distt. Dehradun, Kanak building (now known as Athithi Hotel) having total land area of 660 sq.mtrs., out of which the covered area of Hotel building is 540.7 sq.mtrs. with 25 Rooms and open land area is 228.42 sq.mtrs and undivided half share (55 sq.mtrs.) in the common terrace admeasuring 110 sq.mtrs., ftldh lhek;sa fuUu gS& North : Mall Road.

South : Open hilly land of the first party. East : Property of Smt. Grover.

West : Residential portion of first party."

The suit accompanied an application under Order 39 Rule 1 and 2 of the CPC, wherein, a limited nature of injunction was sought that the purchaser of the property in dispute by the sale deed of 10th January, 2023, may be restrained from further dealing with the property or creating any third party interest, during the pendency of suit.

On institution of the Suit on 10th July, 2023, the learned Trial Court has declined to grant an ex parte injunction and notices under Order 39 Rule 3 of the CPC has been issued.

It is part of the said order dated 11th July, 2023, which has been put to challenge whereby, the learned Trial Court of VIIth Addl. Senior Civil Judge Dehradun, had denied to grant an injunction with regard to restraint of future sale against the defendant, qua the property which was subject matter of sale deed dated 10th January, 2023.

Issue notices to the respondents. Steps to serve the respondents would be taken by the petitioner within a period of one week from today.

List after service of notice on respondents. The parties to the Suit No. 329 of 2023, and in particular, the purchaser defendant Nos. 3 and 4 are restrained from creating any third party interest in relation to the property as detailed above, of which, they claim their rights, on the basis of the sale deed dated 10th January, 2023, which is now the subject matter of the Suit.

(Sharad Kumar Sharma, J.) Dated 28.07.2023 Shiv

Unlock Advanced Research with PRISMAI

Uttarakhand High Court