Heard learned counsel for the petitioners and the learned AGA.
Supplementary affidavit filed today is taken on record.
Notice on behalf of opposite party no.1 has been accepted by the learned AGA, who prays for and is granted four weeks time to file counter affidavit. Thereafter petitioners may file rejoinder affidavit within two weeks. List thereafter.
Issue notice to opposite party no.2.
The question to be considered in this petition is as to whether any sale deed executed during the pendency of the litigation by a person amounts to a criminal act or doctrine of lis pendency under Section 52 of the Transfer of Property Act would be attracted and that too in the circumstances specially when the Suit for cancellation of sale deed has been instituted and ultimately the High Court has also ruled in favour of the petitioners setting aside the order of the Board of Revenue which could have given any right to a person to execute the sale deed.
The petitioners and the opposite party no.1 interse are relative and family members and ultimately there are chances of compromise between them.
Considering the aforesaid facts, further proceedings against the petitioners in Criminal Case no. 1583 of 2010 pending in the Court of Judicial Magistrate, Mohammadi, District Kheri shall remain stayed till the next date of listing.
Order Date :- 25.1.2011 BLY