Patna High Court - Orders
Bihar State Suni Wakf Board vs Dropati Devi & Ors on 24 November, 2008
IN THE HIGH COURT OF JUDICATURE AT PATNA
FA No.360 of 1986
BIHAR STATE SUNI WAKF BOARD & ANR
Versus
DROPADI DEVI & ORS
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24. 24/11/2008Re: I.A.No.4891 of 2008 This I.A. has been filed on behalf of the appellants under Order XXXIX Rules 1 and 2 read with section 151 of the Code of Civil Procedure for restraining the plaintiffs-respondents from making construction over the suit land.
Suit was filed by the plaintiffs-
respondents for specific performance of
contract. Suit was decreed on contest.
Thereafter, plaintiffs-respondents filed
execution case for execution of the decree and transfer of property through the process of the court by depositing consideration money. Appellants moved this Court for stay of the execution case. However, their application for the same was dismissed by this Court by order dated 1.8.1987 passed in this appeal.
Plaintiffs-respondents have filed counter affidavit in which they have stated that in the execution case through the process of the court sale deed has been executed in their favour upon payment of consideration money. Thereafter, -2- plaintiffs-respondents applied to the Municipal authorities for sanction of the map which has been sanctioned and thereafter they have started construction over the same.
It is apparent that the property in question has been transferred to the plaintiffs- respondents by execution of sale deed in their favour through the process of the court pursuant to the aforesaid decree. Therefore, I do not find any merit in the application of the appellants to grant injunction restraining the plaintiffs-respondents from making construction over the property which they have started after getting the plan duly sanctioned by Municipal authorities. It goes without saying that since physical feature of the property is going to change at the behest of the plaintiffs- respondents during the pendency of this appeal, they will not be at liberty to claim any advantage of the same in this appeal.
I.A. is thus dismissed.
Pradeep/ (J. N. Singh, J.)