Smt. Rajni Sharma vs Kunwarbai
2021 Latest Caselaw 935 MP

   1       THE HIGH COURT OF MADHYA PRADESH
                         MP No.3548/2020
            Smt. Rajni Sharma Vs. Kunwarbai and others

Gwalior, Dated:22/03/2021

        Shri N.K. Gupta, Senior Advocate with Shri SDS Bhadoriya,

Advocate for petitioner.

        Shri Gaurav Mishra, Advocate for respondent no.1.

Shri G.K. Agrawal, Government Advocate for the State.

This petition under Article 227 of the Constitution of India has

been filed against the order dated 22/12/2020 passed by First Civil

Judge, Class-I, Lahar, District Bhind in Civil Suit No.10A/2011, by

which the application filed by the petitioner under Section 151 of

CPC has been rejected.

It is the case of the petitioner that an application filed by the

petitioner under Order 39 Rule 1 and 2 CPC was allowed by the trial

court by order dated 11/9/2012 and the respondents/defendants were

restrained from alienating the property. The suit filed by the

petitioner was decreed by judgment and decree dated 22/2/2017 and

permanent injunction was granted. However, the respondents being

aggrieved by the judgment and decree passed by the trial court,

preferred an appeal, which was allowed and the matter was remanded

back.

Since the respondents were trying to raise construction,

therefore, the petitioner preferred an application under Section 151 of

CPC for restraining the respondents from raising any construction on 2 THE HIGH COURT OF MADHYA PRADESH MP No.3548/2020 Smt. Rajni Sharma Vs. Kunwarbai and others

the land in dispute.

The said application was opposed by the respondents and the

trial court by order dated 22/12/2020 has rejected the application.

This Court by order dated 13/1/2021 had restrained the

respondents from raising any construction over the land in dispute till

final disposal of the petition.

It is fairly conceded by the counsel for the parties that the suit

is fixed for final hearing in the month of April, 2021. It is also

conceded by the counsel for the parties that they shall not seek any

adjournment and shall argue the matter finally on the next date.

Accordingly, this petition is disposed of by affirming the order dated

13/1/2021 and it is directed that till the suit is finally disposed of, the

respondents/defendants shall not raise any construction over the

property in dispute.

(G.S. Ahluwalia) Judge Arun* ARUN KUMAR MISHRA 2021.03.24 18:03:54 +05'30'