& Others vs Unknown
2023 Latest Caselaw 1722 UK

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                                      WPMS No.1840 of 2023
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Siddhartha Sah, Advocate for the petitioners.

The petitioners before this Court are the defendants in Suit No.5 of 2021, Deewan Singh & others vs. Badam Singh & others, wherein, the parties, who are inter se related to one another have sought a decree for the grant of a decree of permanent injunction, the suit was as well as for the decree for declaring the sale deed dated 30.12.2020 to be null and void.

The suit accompanied with it an Application under Order 39 Rule 1 and 2 of CPC, which has been concurrently allowed by both the Courts and its these two are the orders which are under challenge.

The basic spirit of the provisions contained under Order 39 Rule 1 and 2 of CPC is to protect the status of the property and to reduce the multiplicity of litigation, particularly, when it happens to be an inter se dispute between the close relatives who are claiming their rival rights over their property and that is what has been contemplated by the judgment of Hon'ble Apex Court as observed in para 10 of Maharwal Khewaji Trust (Regd.) vs. Baldev Dass reported in (2004) 8 SCC 488. Ultimately, the learned counsel for the petitioners seeks that this writ petition may be disposed of, requesting the Trial Court of Additional Civil Judge, Khatima, District Udham Singh Nagar, to expeditiously decide the aforesaid suit.

Since the suit itself has been instituted on 18.01.2021, this writ petition is being disposed of with a request to the Court of Additional Civil Judge, Khatima, District Udham Singh Nagar, to make all efforts to decide the aforesaid suit as expeditiously as possible, but not later than one year from the date of production of certified copy of this order.

(Sharad Kumar Sharma, J.) 03.07.2023 Ravi