Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 2891 of 2019 Petitioner :- Shakuntala Devi And 6 Others Respondent :- Pista Devi Verma And Another Counsel for Petitioner :- Tripurari Pal Counsel for Respondent :- Rakesh Kumar Tiwari
Hon'ble Vivek Kumar Birla,J.
Sri R.C. Singh and Sri P.K. Yadav, learned counsel have filed vakalatnama on behalf of the respondents-defendants no. 1 and 2, which is taken on record.
Heard learned counsel for the petitioners as well as learned counsel for the respondents and perused the record.
Present petition has been filed challenging the impugned order dated 15.10.2018 passed by the Additional Civil Judge (Senior Division) Aligarh in Original Case No. 1115 of 2016 and the order dated 5.1.2019 passed by the District Judge, Aligarh in Appeal No. 129 of 2018 and decree dated 14.1.2019.
Submission of learned counsel for the petitioners is that the petitioners are in possession and their names exist in the municipal record and they are also paying house tax in this regard.
It transpires from the record that initially injunction was granted by restraining both the parties from changing the nature of the property or from transferring the same. Interim injunction application was ultimately rejected on the ground that there exists a registered sale deed in favour of the defendants, which was executed by the son of defendant no. 2 in favour of the defendant no. 1.
After some arguments, both the parties agree that no third party rights shall be created and the nature of the property shall also not be changed. They further pray that the suit itself may be directed to be decided expeditiously.
According, in view of the said agreement, the impugned orders are modified to the extent that both the parties are restrained from transferring the property in question and are also restrained from changing the nature of the property during pendency of the suit. The Court below is directed to decide the suit expeditiously by fixing short dates and no unnecessary adjournments shall be granted.
Present petition stands disposed of with the aforesaid observations/directions. No order as to costs.
Order Date :- 25.4.2019 Abhishek