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Allahabad High Court · body

2011 DIGILAW 2009 (ALL)

Vijay Kumar Agarwal and another v. Aneeta Singh and others

2011-08-26

ABHINAVA UPADHYA

body2011
Abhinava Upadhya, J.- By means of this writ petition the petition­ers are seeking a direction to the Court below, i.e., Civil Judge (Senior Division), Aligarh to pass appropriate order on the temporary interim injunc­tion application being Application No. 7-C (2) dated 24.8.2011 in a suit filed by the plaintiffs-petitioners for declaring sale deed dated 18.4.2011 executed by respondents No. 7 and 8 in favour of respondent 1st Set as null and void and also for permanent injunction not to interfere in the possession of the suit property The claim of the petitioners is that they and respondents No. 7 and 8 had jointly purchased a house property being House No. 4/249 situated at Avas Vikas Colony, Jail Road, Aligarh. 2. According to the petitioners, respondents No. 7 and 8 who are brother and sister-in-law of the petitioners executed the aforesaid sale deed without property being partitioned. 3. The petitioners are residing in the same house. On account of the afore­said sale deed respondents 1st Set are interfering in the possession of the peti­tioner and have also forcibly demolished certain portion of the house which led to filing of application No. 14-C (2), i.e., the second interim injunction ap­plication in the suit. 4. According to the learned Counsel for the petitioners in the first appli­cation being Application No. 7-C (2) filed under Order XXXIX Rules 1 and 2, CPC notices have been issued and objections have also been filed and the next date fixed is 6th September, 2011. 5. Learned Counsel for the petitioners confines his prayer only to the ex­tent that some orders be passed on the aforesaid application on the next date fixed and the respondents be restrained to interfere in the possession. 6. Accordingly, the writ petition is being disposed of with the direction to the Court below to consider and pass appropriate order on the application being Application No. 7-C (2) filed by the petitioners under Order XXXIX Rules 1 and 2, CPC keeping in mind the interest of the parties and without granting unnecessary adjournment to either of the parties. 7. With the aforesaid direction, the petition stands finally disposed of./Petition Disposed Of.