Court No. - 37
Case :- WRIT - C No. - 20538 of 2019 Petitioner :- Panna Lal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sharad Shekhar Sharma Counsel for Respondent :- C.S.C.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Piyush Agrawal,J.
Heard Shri Sharad Shekhar Sharma, learned counsel for the petitioner and learned standing counsel for the State of U.P.
This writ petition has been filed for issue of mandamus and directing the respondent nos. 1 to 3 not to dispossess the petitioner from his house and further, not to interfere in peaceful possession of the petitioner over the house in question.
A perusal of the record indicates that the petitioner has executed a sale deed dated 11.10.2018 in respect of the disputed house in favour of respondent nos. 4 & 5. Later on, the petitioner filed a civil suit before the Court of Civil Judge (Senior Division), Allahabad, i.e., Original Suit No. 138 of 2019 alleging that the sale deed was obtained by exercising fraud upon the petitioner, although the petitioner wanted to execute an agreement to sell for return of sale consideration within a period of three years.
In the suit, no interim injunction has been granted to the petitioner. At present, this Court cannot grant any interim injunction against the term of the sale deed.
The writ petition is, accordingly, disposed of leaving it open to the petitioner to obtain his remedy from the civil court.
Order Date :- 25.6.2019 Amit Mishra