Vikram Singh vs Vidyawati
2021 Latest Caselaw 7151 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 967 of 2021
 

 
Petitioner :- Vikram Singh
 
Respondent :- Vidyawati
 
Counsel for Petitioner :- Pankaj Agarwal
 

 
Hon'ble Suneet Kumar,J.

Heard.

By means of the instant writ petition, the petitioner-defendant is assailing the order dated 23.11.2019 passed by appellate court/Addl. District Judge, Court No.-7, Saharanpur in Misc. Appeal No. 102 of 2018 arising from the order dated 05.11.2018 passed by Civil Judge (Senior Division), Saharanpur in Original Suit No. 672 of 2018 allowing the temporary injunction application.

The short point raised by learned counsel for the petitioner-defendant is that the patta dated 26.06.1957 executed by predecessor of the present respondent/plaintiff (Kishan Lal) came to be finalized by this Court in Second Appeal No. 983 of 2012 (Dr. Jai Shanker Prasad Vs. Shri Mahadev Ji Maharaj) decided on 01.05.2019, whereby, the Court declared the patta to be void and illegal. It is urged that final judgment was placed on record of the appellate court vide application dated 23.07.2019 by the petitioner. The case set up by the respondent/plaintiffs was that they are in possession of the suit property pursuant to a patta dated 12.05.1989 executed by Anubhawanand, who had obtained the patta from Kishan Lal. In this backdrop, it is urged that even taking the assertion in the plaint on face value, the subsequently executed patta dated 12.05.1989 which is basis of instituting the suit was obtained from a person who had no right and authority as the right set up by Kishan Lal was set at naught by this Court in second appeal. In this backdrop, learned counsel for the petitioner submits that the respondent-plaintiff failed to to set up a prima facie case on admitted facts. In the impugned order, the Court below has wrongly noted that the High Court has not decided the appeal till date and an interim order is operating in favour of the plaintiff. The observation recorded therein is per se perverse, which goes to the root of the lis.

The submission requires consideration.

Issue notice to respondent returnable at an early date.

Steps to be taken within a week.

Till the next date of listing, the effect and operation of the impugned order dated 23.11.2019 shall remain stayed.

Order Date :- 6.7.2021

P. Sri.