Heard Sri Salil Kumar Rai, learned counsel for the petitioner and Sri Ashok Kumar Singh, learned counsel appearing for the caveator-respondent.
By means of this writ petition, the petitioner has come up to this Court challenging the order of the trial court as well as appellate court by which his application for interim injunction has been rejected and the appeal filed against which has also been rejected. The petitioner had filed a suit for cancellation of sale deed being Suit No. 151 of 2008 before the Civil Judge (Junior Division), Pilibhit. During the pendency of the aforesaid suit, it appears that the alleged vendee further executed a sale deed in favour of the respondent-Smt. Amresh Devi and Smt. Amresh Devi on the strength of the said sale deed is interfering with the possession of the petitioner and claiming right and title over the property in question.
According to the learned counsel for the petitioner, the property in question has not been demarcated and the area is 3.9050 hectares. The petitioner claims himself to be the sole owner of the said property. It is submitted that Mukesh Kumar Haldhar claims that the petitioner executed a sale deed in his favour of the said plot, area of which was only 2.025 hectares. The petitioner denies executing such a sale deed and, for cancellation of the same filed a suit being Suit No. 151 of 2008. However, it is further submitted that the alleged sale deed executed in favour of Mukesh Kumar Haldhar or the sale deed executed by Mukesh Kumar Haldhar in favour of Smt. Amresh Devi, the area mentioned in the deeds have not been demarcated and unless proper demarcation by metes and bounds is done, no third party can interfere in the possession of the petitioner irrespective of the right of the owner of one share to execute a sale deed.
On the other hand, it is submitted that the respondent has right and title over the property in question pursuant to the sale deed executed by Mukesh Kumar Haldhar in her favour unless the said sale deed is cancelled. The respondent is the owner and, therefore, no injunction can be passed against the owner.
The matter requires consideration.
Sri A.K.Singh, learned counsel has put in appearance on behalf of the respondent. He prays for and is allowed three weeks time to file counter affidavit.
List thereafter.
Till the next date of listing, the parties are directed to maintain status quo with regard to the suit property and shall not change the nature of the property in question.
Order Date :- 9.12.2014 SKM