Heard the learned counsel for the applicant/petitioner and learned A.G.A. who has put in appearance on behalf of State of U.P., opposite party no.1.
Issue notice to opposite party no.2 returnable at an early date.
Steps may be taken by registered post/Ad within seven days failing which the interim order which is being passed hereinbelow shall come to an end automatically.
List immediately after service.
Learned counsel for the applicant submits that earlier she filed a Regular Suit No.74 of 1994 in respect of Suit and Land Nos. 635, 636, 639 seeking injunction against the opposite party nos.1 and 4 other persons which was decreed on 28.10.1995 in her favour. One specific issue regarding her ownership and possession was also decided in her favour. It is said that this judgment was never challenged in any appeal as has been averred in the petition. However, the opposite party no.2 lodged a false and frivolous impugned F.I.R. saying that the applicant and her husband were appointed as Manager of this land and they have fraudulently sold the property in the year 2006. It is said that the applicant being owner and possession of the land had every right to execute sale deed. It is also submitted that to the knowledge of the applicant no suit for cancellation of the aforesaid sale deed has been filed till date.
It appears to be an arguable case.
In view of the above, it is provided that till the pendency of this petition the criminal proceedings in question arising out of Case Crime No.224 of 2006, under Sections 420, 504, 506 I.P.C., Police Station Ataria, District Sitapur and including warrant so far it relates to the applicant shall remain stayed.
Order Date :- 19.1.2010 PAL/