Jagdish vs Ram Krishna And Others
2011 Latest Caselaw 1328 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 958 of 2011
 

 
Petitioner :- Jagdish
 
Respondent :- Ram Krishna And Others
 
Petitioner Counsel :- Manoj Kumar Singh
 

 
Hon'ble Rajes Kumar,J.

The petitioner is challenging the order dated 22.1.2011 by which the appeal filed by the petitioner against the order of the trial court dated 11.3.2010 rejecting the application for the interim relief, has been dismissed. The plaintiff purchased the half portion of Gata No. 23, Rakba 1.813 hectares against the agreement to sell dated 29.6.1992. As per clause 2 of the agreement to sell the possession has also been given to the petitioner. The agreement to sell is Annexure-1 to the writ petition. The petitioner filed a suit for specific performance being suit no. 78 of 1995, which has been decreed by order dated 4.2.2008. Against the said order, the respondents have filed an appeal, which is pending. The petitioner filed another suit being suit no. 145 of 2009 for the permanent injunction restraining the respondents not to interfere in the peaceful possession of the property in dispute along with an application for interim relief. The application has been rejected and the appeal filed against the said order has also been dismissed.

Learned counsel for the petitioner submitted that the suit for specific performance has been decreed in his favour. There is no dispute that the petitioner is in possession of the property in dispute and, therefore, an interim injunction ought to have been granted.

The matter requires consideration.

Issue notice to the respondents, returnable at an early date. The petitioner may take steps to serve the respondents within a week.

List in the week commencing 23.5.2011.

Till the next date of listing, the parties are directed to maintain status quo in respect of the property in dispute.

Order Date :- 25.4.2011

OP