Ganesh Prasad vs District Judge Ballia & 8 Others
2014 Latest Caselaw 3733 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 26
 

 
Case :- WRIT - C No. - 38293 of 2014
 

 
Petitioner :- Ganesh Prasad
 
Respondent :- District Judge Ballia & 8 Others
 
Counsel for Petitioner :- Abhishek Kumar,Ajai Kumar Singh Kushwaha
 

 
Hon'ble Abhinava Upadhya,J.

The petitioner had filed a suit being Suit No. 273 of 2013 for cancellation of sale deed and prohibitory injunction. The petitioner has claimed that the defendants-respondents executed a sale deed in favour of respondent nos. 8 and 9 with regard to plot no.496/1 but the boundaries of the plot that has been shown in the sale deed is that of the petitioner and on the basis of the aforesaid sale deed the defendants are cutting the trees and raising construction on the plot in question. The petitioner, therefore, filed an application under Order XXXIX Rule 1 and 2 CPC, which was rejected by the trial court stating that unless the sale deed is cancelled, no injunction can be granted.

The petitioner took up the matter in appeal and the appellate court although admitting the possession of the petitioner over the plot in question did not interfere with the order of the trial court. The petitioner had claimed that although a small portion was allotted to Mahesh, which he is entitled to sell but in the sale deed the boundaries shown has been that of the petitioner and, therefore, by the said sale deed the defendants are encroaching the right of the petitioner over the property in question.

The matter requires consideration.

Issue notice to respondent nos.3 to 9 returnable at an early date.

Learned counsel for the petitioner shall take steps for service of notice upon the said respondents within a week.

List after service of notice.

Till the next date of listing, the parties to the suit are directed to maintain status quo with regard to the property in question.

Order Date :- 28.7.2014

SKM