Reshma Parveen vs Nasibun Nisha And Another
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Allahabad High Court

Reshma Parveen vs Nasibun Nisha And Another on 2 July, 2024

Author: Vipin Chandra Dixit

Bench: Vipin Chandra Dixit

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:109874
 
Court No. - 35
 

 
Case :- FIRST APPEAL FROM ORDER No. - 932 of 2024
 

 
Appellant :- Reshma Parveen
 
Respondent :- Nasibun Nisha And Another
 
Counsel for Appellant :- Khurshed Alam
 
Counsel for Respondent :- Kedar Nath Mishra
 

 
Hon'ble Vipin Chandra Dixit,J.
 

Heard Sri H.N. Singh, learned Senior Advocate assisted by Sri Khurshed Alam, learned counsel for the appellant and Sri Kedar Nath Mishra, learned counsel appearing on behalf of defendants-respondents No. 1 & 2.

This FAFO has been filed on behalf of plaintiff-appellant under Order XLIII Rule (1) (r) C.P.C. against judgment and order dated 19.2.2024 passed by Civil Judge(Senior Division), Court No. 18, Deoria in Suit No. 335 of 2023, by which application filed by plaintiff-appellant (Paper No. 6-C) was rejected.

It is submitted by learned counsel appearing on behalf of appellant that the learned trial Court has erred in rejecting the interim injunction application without considering the evidence of plaintiff-appellant. The disputed property was purchased by plaintiff-appellant through registered sale deed on 27.12.2021/10.1.2022 from Rashid Khan and the name of plaintiff-appellant was recorded in the record of Nagar Palika. The plaintiff-appellant is in possession over the property. It is further submitted that the plaintiff-appellant has fully proved the case of permanent injunction before the trial court but injunction application was rejected without appreciating the evidence of plaintiff-appellant.

On the other hand, learned counsel appearing on behalf of defendants-respondents submits that the defendants-respondents have already filed Original Suit No.379 of 2022(Nasibun Nisha and another vs. Mohd. Rashid Khan and another) for cancellation of sale deed executed in favour of plaintiff-appellant. The plaintiff appellant has already put in appearance in the suit No. 379 of 2022 filed by defendants-respondents but by concealing the material facts the present suit has been filed by plaintiff-appellant. The Trial Court has rightly rejected the application (Paper No. 6-C) filed by the plaintiff-appellant for interim injunction.

Considered the submission of learned counsel for the parties. No useful purpose would be served in keeping this appeal pending. With the consent of learned counsel for the parties, it is appropriate that the suit No. 379 of 2022 and Suit No.335 of 2023 filed by the parties be decided by the concerned court expeditiously within a period of six months from the date of production of certified copy of this order after providing opportunity of hearing to the parties concerned and without granting any unnecessary adjournment to the parties unless there is any legal impediment.

It is pointed out that Original Suit No. 379 of 2022 is pending in the Court of Civil Judge(Junior Division), Court No.10, Deoria. Since the dispute is between the same parties and for the same property, the Original Suit No. 379 of 2022 is transferred from Civil Judge(Junior Division) Court No.10, Deoria to Civil Judge(Senior Division), Court No. 18, Deoria.

Till disposal of above original suits, parties are directed to maintain status quo as on date in respect of suit property.

The FAFO is disposed of accordingly.

Order Date :- 2.7.2024

P.P.