Mohammad Aqil vs Mashqoor Alam (Deceased) And 3 ...
2014 Latest Caselaw 6838 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 26
 

 
Case :- WRIT - C No. - 51527 of 2014
 
Petitioner :- Mohammad Aqil
 
Respondent :- Mashqoor Alam (Deceased) And 3 Others
 
Counsel for Petitioner :- Mohan Srivastava
 

 
Hon'ble Abhinava Upadhya,J.

This is defendant's petition. A suit being Suit No. 356 of 2005 was filed by the plaintiff-respondent for permanent injunction. It appears that in the said suit the defendant filed an application under Order XXXIX Rule 1 and 2 CPC and the trial court passed an order for the parties to maintain status quo. In the meantime, it appears that the plaintiff wanted to execute  the sale deed in respect of the suit property. The defendants then filed another application during the operation of the status quo no sale deed should be allowed to be executed. The trial court accepted the contention  and directed the Registrar not to execute the sale deed. Against such an order appeal was filed and the appeal has been allowed.

Learned counsel for the petitioner submits that when status quo order was operating, the plaintiff could not have proceeded to execute a sale deed.

The matter requires consideration.

Issue notice to the respondents returnable at an early date.

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

List this case after service of notice.

Till the next date of listing, the parties  are restrained from alienating the  suit property.

Order Date :- 23.9.2014

SKM