Court No. - 64
Case :- APPLICATION U/S 482 No. - 36425 of 2019 Applicant :- Chaman Lal And 5 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Raj Kumar Kesari Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Heard applicants' counsel as well as learned AGA for the State and perused the record.
Submission of counsel for the applicants is that the applicant nos.4,5 and 6 are the sons of the late Mahavir Singh. Applicant nos.4,5 and 6 executed a registered sale deed dated 24.6.2011 in favour of applicant no.2. Opposite party no.2 has not filed any cancellation of sale deed so far. Applicant no.1 is the witness to the sale deed and the applicant no.3 is son of the applicant no.1 and 2. It has also been pointed out that aforesaid Mahavir has executed a registered sale deed in the year 1994 in favour of the informant and his brothers. Subsequently Mahavir had executed another sale deed in the year 1998 in favour of the accused Bhag Singh and his brothers. Bhag Singh had filed a suit seeking cancellation of the earlier sale deed of 1994. This suit was dismissed. Against the dismissal an appeal was filed. Appeal was allowed and the aforesaid sale deed has been cancelled. Against that the brothers of opposite party no.2 filed a second appeal before the High Court which is still pending and in which the status-quo order has been passed. Submission is that in the aforesaid background it is clear that the matter is essentially of civil nature and deliberately a criminal complexion has been lent to the same as the impugned proceedings are premature and if the proceedings against the applicants are allowed to go on, it will result in the abuse of court's process.
Contentions raised at the bar require detailed hearing on law and facts both.
Notice on behalf of opposite party No.1 has been accepted by learned AGA.
Issue notice to the opposite party no.2 returnable within four weeks.
Opposite party no.2 may file counter affidavit within three weeks after the service. Learned AGA may also file counter affidavit within the same period. Rejoinder affidavit may be filed within two weeks thereafter.
List this matter immediately after expiry of the aforesaid period before the appropriate bench.
Till the next date of listing further proceedings of Criminal Case No.1650 of 2019, u/s 420, 467, 468, 471, 504, 506, 120B I.P.C., P.S.- Pilkhuwa Hapur, District Hapur with regard to applicants namely Chaman Lal, Smt. Asha Devi, Vijay, Awadhesh Kumar, Rajesh Kumar, and Brijesh Kumar, shall remain stayed.
Order Date :- 30.9.2019 shiv