Hon'Ble Sharad Kumar Sharma vs Suren
2021 Latest Caselaw 89 UK

WPMS No. 42 of 2021
Hon'ble Sharad Kumar Sharma, J.

Mr. Pankaj Kumar Sharma, Advocate for the petitioners.

An original suit, being OS No. 35 of 2009, Tanuj Kumar & another Vs. Suren Lata & others, was instituted by the plaintiffs (petitioners herein), as against the defendants, who claims to have inherit their rights over the disputed property, from the same predecessor Mr. Satya Pal Singh. However, the Suit thus instituted is shown to have been proceeded ex parte and later has been decreed on 30.05.2009, which was later on recalled on an application, which was filed under Order 9 Rule 13 of CPC, by the defendants to the suit, setting aside the ex parte decree dated 30.05.2009, by the judgment dated 21.07.2015.

Aggrieved against which, the plaintiffs/petitioners has preferred a Revision being Civil Revision No. 65 of 2015, Tanuj Kumar & another Vs. Satyaveer Singh & others, which is presently pending before the Court of 2nd Additional District Judge, Roorkee, District Haridwar.

The said Revision, which has been preferred by the petitioner, accompanies an Application for the grant of interim protection to the effect that the opposite parties to the Revision, who belonged to the same family clan, may be refrained from creating any third party interest or mortgaging the property as that may have a likelihood of multiplying the proceedings; apart from complicating it.

This Court, makes it exclusively very clear, that I am not venturing into the delicacies of the merit of the matter or the rival claim as against the order of setting aside ex party decree, which is still a subject matter to be decided in the aforesaid pending Civil Revision, which is presently pending consideration before the Court of 2nd Additional District Judge, Roorkee, District Haridwar.

This Court has been informed that the next date fixed before the Revisional Court is 15.01.2021. It is expected that the Revisional Court would make all sincere endeavours to decide the interim application by the said date fixed and if not possible, at least within a period of one month from the date of production of the certified copy of this order.

It is made clear that petitioner would be producing the certified copy of this order before the Revisional Court, within a period of one week from the date of receipt of certified copy of this order from the Registry of this Court.

Till the Application for the grant of interim protection is decided by the Revisional Court, the parties to the Revision would not create any third party interest or mortgage the property in any manner, whatsoever.

Subject to above observation, the writ petition stands disposed of.

Interim Relief Application No. 1 of 2021, also stand disposed of accordingly.

Let a certified copy of this order be issued today itself on payment of usual charges.

(Sharad Kumar Sharma, J.) 08.01.2021 Mahinder/