Court No. - 5
Case :- WRIT - C No. - 11348 of 2018 Petitioner :- Mohan And Another Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Bipin Lal Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Naqvi,J.
Heard learned counsel for the parties.
The husband of Respondent no.8 and one Dal Singar s/o Sukhdev, both now deceased, filed a Suit No.80/2001 against the petitioners under Section 229-B of U.P.Z.A.&L.R. Act. During pendency of the suit, respondents nos. 5 to 7 filed their impleadment as plaintiffs on the strength of a registered sale deed dated 22.5.2003 from the original plaintiffs. The impleadment was allowed on 5.9.2017, against which a revision was filed dismissed on 26.12.2017.
Respondents 5 to 7 claim to have purchased the property during the pendency of the suit from the original plaintiffs, in the absence of any interim prohibition by way of a judicial order. The only restriction is that the rights of a subsequent purchaser in a pending suit is subject to decision of the suit as provided under Section 52 of the Transfer of Property Act. Order XXII Rule 10 of the Code iteself provides continuance of the proceedings, subject to the leave of the court by or against the person upon whom the interest devolves upon assignment.
No jurisdictional error exists in the orders The writ petition is dismissed. However, the pending Suit No.80/2001 before S.D.M, Varanasi is expedited subject to the cooperation of the parties concerned.
Order Date :- 28.3.2018 RS