HON'BLE SMT. JUSTICE P.SREE SUDHA
CIVIL REVISION PETITION No.149 of 2022
ORDER
The present Civil Revision Petition is filed by appellant in CMA No. 4 of 2021 dated 14.07.2021.
2. The petitioner herein contended that the respondents have no valid title to the suit schedule property and they are not entitled for injunction. They purchased property during the subsistence of injunction restraining their vendors from alienating the property in a different suit but he sold the same to the respondents herein in violation of the Court order. As such, it will not confer any title to the purchaser. Vendor of the respondents was punished for contempt of Court. The trial Court did not discuss about the documents filed by him and the injunction was granted basing on the exhibits filed by the plaintiffs and thus it is irregular and illegal. They also contended that vendor of the respondents has disposed in OS No. 165 of 2006 and he did not deliver any possession of the subject property to them though the sale deed contains that it was delivered and thus requested to set aside the order of the 1st appellate Court.
2
3. O.S. No. 144 of 2015 is filed for injunction. During the pendency of the suit, the plaintiffs in the suit filed an application seeking interim injunction in IA No. 402 of 2015. The trial Court after considering the documents filed before it and also the arguments of both sides granted injunction against the said order. The respondents in the application preferred CMA. The 1st appellate Court also considered the arguments of both sides but confirmed the orders of trial Court.
4. Aggrieved by the said order, this C.R.P. is preferred. There is so much litigation between the parties not only in the trial Court but also before the High Court prior to this application. The Judgment of the trial Court in OS No. 48 of 1998 dated 07.11.2000 is also filed. The said suit is filed by Mr. Arvind Kumar against Sampath Kumar and his family members. It was decreed in favour of the plaintiffs when the defendant failed to execute the sale deed in his favour, the plaintiffs intended to file the Execution Petition but in view of the advise of mediators, the defendant executed sale deed in his favour on 30.05.2021. IA No. 1925 of 2018 is filed to set aside the decree in O.S. No. 44 of 1998 but it was dismissed by the 1st Addl. Chief Judge on 26.08.2019. Aggrieved by the 3 same, C.R.P. 2955 of 2019 was filed and it was also dismissed on 06.08.2021. Admittedly, the suit is filed for injunction in which ad interim injunction was sought for, it was granted by the trial Court and confirmed by the appellate Court, against said order this CRP is filed and the scope is very limited as there is no irregularity ort illegality in the Court findings of both the Courts. I do not find any reason in interference with the findings of the 1st appellate Court. As per citation reported in AIR 1991 SC 455 between Masjid Kacha Tank, Nahan Vs. Tuffail Mohammed "Under Section 115 of CPC High Court cannot re- appreciate the evidence and cannot set aside the concurrent findings of the Courts below by taking a different view of the evidence. The High Court is empowered only to interfere with the findings of facts of the findings are perverse by the Court below. Simply because another view of the evidence may be taken is no ground by the High Court to interfere in this revisional jurisdiction".
The parties are herein are directed to get ready with the suit before the trial Court to see that it was disposed of on merits as the parties herein will have ample opportunity to submit oral and documentary evidence and the Court can consider the 4 evidence of both sides and after hearing the arguments while disposing of the suit on merits. As such this Court found that the C.R.P. is devoid of merits and is to be dismissed.
Pending miscellaneous petitions, if any, shall also dismissed.
____________________ P.SREE SUDHA, J.
04th JULY, 2022.
Skj.
5 6 HON'BLE SMT. JUSTICE P.SREE SUDHA C.R.P. NO. 149 OF 2022 Dated: .07.2022 Skj