Smt. Miksha Rai vs The State Of Madhya Pradesh
2021 Latest Caselaw 265 MP

Citation : 2021 Latest Caselaw 265 MP
Judgement Date : 26 February, 2021

Madhya Pradesh High Court

Smt. Miksha Rai vs The State Of Madhya Pradesh on 26 February, 2021

Author: Sanjay Dwivedi

                                  1                               WP-16310-2020
        The High Court Of Madhya Pradesh
                   WP-16310-2020
           (SMT. MIKSHA RAI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

9
Jabalpur, Dated : 26-02-2021
      Shri Abhijeet Bhowmik, counsel for the petitioner.
      Shri Jubin Prasad, Panel Lawyer for the respondents-State.

Heard.

Learned counsel for the petitioner submits that in identical situation this Court has disposed of WP No. 16428/2020-Mohd. Aadil Khan and others vs.

The State of Madhya Pradesh and others vide order dated 27.01.2021 and the facts and circumstances of the present case are also similar to the said writ petition. Therefore, this petition may also be disposed of in the same terms.

Learned counsel for the petitioner submits that the petitioner is not challenging any particular order but she is seeking a direction to the respondents to permit the petitioner to sale out her own land bearing Survey No. 412/4/1 area 0.340 hectare situated at Village Itawa, Tehsil Bina, District Sagar because the said land is not the subject matter of any civil suit or other proceedings.

Learned counsel for the petitioner submits that the petitioner is the owner of the land in question by virtue of a registered sale deed dated 13.09.2018 executed by one Rahul Rai in favour of the petitioner. He submits that a Civil Suit No. 68-A/2019 parties being Mohammad Safique vs. District Registrar and others was filed in respect of Survey No. 408 area 2.526 hectares and Land Survey No.412 area 1.441 hectares situated at Village Itawa, Tehsil Bina, District Sagar, which was decreed vide judgment and decree dated 12.09.2019. He submits that against the said judgment and decree, First Appeal No.1870/2019 has been filed before this Court and vide order dated 29.11.2019 this Court has directed issuance of notice and as an interim measure the parties of the civil suit have been directed to maintain the status quo in respect of the suit land. He submits that the status quo has 2 WP-16310-2020 been directed to be maintain only in respect of the suit land and not for the other lands or part of Survey No. 408 and 412, which clearly shows that the present petitioner is not concerned with the suit land of the civil suit or the first appeal, but the official respondents are not permitting the petitioner to sale out her own property.

Learned counsel for the respondent State submits that First Appeal No.

1870/2019 is pending before this Court in which the interim order has been passed on 29.11.2019. Therefore, the sale deed cannot be registered in favour of the petitioners.

Considering the arguments advanced by the learned counsel for the parties and on perusal of the record, it is clear that so far as First Appeal No. 1870/2019 is concerned, the same has been filed against the judgment and decree dated 12.09.2019 passed in the civil suit. Copy of the judgment of the trial court is filed as Annexure P/3 and perusal thereof reveals that the petitioner was not the party in the civil suit. In the pending First Appeal No. 1870/2019, on 29.11.2019 this Court has passed the following order:

"Shri Pranay Verma, Advocate for the appellants. Appellant has challenged the judgment and decree dated 12.09.2019 passed in Civil Suit No. 68-A/2015.

It is submitted by the counsel appearing for the appellants that he was not allowed to participate in the proceedings and lead evidence. The counsel appearing for the appellant submitted that he is in possession of the suit land.

Considering the facts and circumstances of the case, let notice of this first appeal as well as IA No. 13389/2019 be issued to the respondents on payment of process fee within a period of seven days.

Till the next date of hearing, parties will maintain status quo in respect of the suit land.

Meanwhile, records of the Civil Suit No. 68-A/2015 from the Court of Second Additional District Judge, Bina District Sagar be 3 WP-16310-2020 requisitioned.

C.C. as per rules."

The aforesaid order of the status quo passed in the first appeal applies to the parties to the first appeal.

Learned counsel for the State has failed to point out as to how the said order of status quo can be made applicable to the petitioner, who is not the party to the pending first appeal. No justifiable reason has been pointed out by the learned counsel for the State for denying the registration of the sale deed.

Hence, the present writ petition is disposed of by directing competent authority to permit the petitioner to execute the sale deed in respect of the

land Survey No. 412/4/1 area 0.340 hectare situated at Village Itawa, Tehsil Bina, District Sagar if there is no other legal impediment in this regard. If there is any other legal impediment then the competent authority will duly disclose it to the petitioner. Let the needful be done by the competent authority within a period of six months from the date of receipt of certified copy of this order.