Patna High Court
Baikunth Mahton @ Baikunth Prasad Singh ... vs Jasma Khatoon on 24 March, 2025
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.127 of 2023
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Baikunth Mahton @ Baikunth Prasad Singh (Mahto) Son of Late Lauku
Mahton @ Loknath Singh, Resident of Village Ward No. - 9, Sanha Naya
Tola, Bakhodda Police Station - Sahebpur Kamal, District - Begusarai.
... ... Petitioner/s
Versus
Jasma Khatoon Wife of Md. Tekho, Daughter of Late Saiyad Md. Hassan,
Resident of Village - Sanha Tola Bahodi, Police Station - S. Kamal, District -
Begusarai.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sanjeet Kumar, Adv.
For the Respondent/s : Mr.Smt. Sudha Ambastha, Adv.
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 24-03-2025
Heard learned counsel for the parties.
2. The petitioner is aggrieved by the order dated
21.10.2022
passed by the learned District and Sessions Judge,
Begusarai in Civil Miscellaneous Appeal No. 02 of 2019 and the
order dated 05.01.2019 passed by learned Sub Judge-cum-
A.C.J.M., Ballia, Begusarai in Title Suit No. 241 of 2015
whereby and whereunder both the courts rejected the petitions
filed by the petitioner/plaintiff under Order 39 Rule 1 and 2 of
the Code of Civil Procedure refusing grant of injunction to
restrain the defendants from alienating the suit property.
3. Learned counsel for the petitioner submits that the
petitioner claim the suit property on the basis of a sale deed
dated 25.01.1980 executed by Syed Mashihujamma Bedil
Patna High Court C.Misc. No.127 of 2023 dt.24-03-2025
whereas the defendant/respondent claims the same land on the
basis of her sale deed dated 19.11.1969 executed by the father of
the vendor of the plaintiff. Learned counsel very fairly concedes
that both the subordinate courts have passed the orders against
the plaintiff refusing to grant any injunction. Learned counsel
submits that till the pendency of the proceeding the lis property
should be preserved.
4. However, learned counsel appearing on behalf of
the defendant vehemently contends that the impugned orders
have no infirmity and the defendant has been holding the land in
question on the basis of a sale deed which is prior to the
execution of the sale deed of the plaintiffs.
5. However, learned counsel appearing on behalf of
the defendant/respondent submits that the defendant/respondent
undertakes not to alienate the property or to create any third
party interest till the pendency of the suit property provided the
plaintiff/petitioner also furnishes an undertaking that he will
maintain status quo with regard to the suit property and not
would alienate the same or to create any third party interest.
6. Learned counsel for the petitioner is agreeable to
the suggestion.
7. In the light of the submission of the parties, the
Patna High Court C.Misc. No.127 of 2023 dt.24-03-2025
present petition is disposed of with direction to the parties not to
alienate or to create any third party interest in the suit property.
8. Learned trial court is directed to expedite the
proceeding and dispose of the suit at the earliest.
(Arun Kumar Jha, J)
Anuradha/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 24.03.2025
Transmission Date N/A
