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2014 DIGILAW 278 (UTT)

Surjeet Singh Rana v. SDM/Up-Zila Adhikari, Sitarganj, Udham Singh Nagar

2014-07-10

ALOK SINGH

body2014
JUDGMENT Alok Singh, J. 1. Present petition has been filed assailing the order dated 6.4.2013 passed by the Sub Divisional Magistrate, Sitarganj/Khatima, district Udham Singh Nagar, whereby the learned Sub Divisional Magistrate has directed that the sugarcane crop be disposed of under the police protection. 2. Undisputedly, respondent no. 3, herein, filed a civil suit being OS No. 141 of 2002, Kashmir Singh vs. Karnail Singh and others, in the court of Civil Judge (S.D.), Rudrapur seeking declaration to the effect that the plaintiff/respondent no. 3, herein, was the owner in possession of the property in question and further seeking permanent prohibitory injunction restraining the defendants, therein, not to interfere in the possession of the plaintiff/respondent no. 3, herein. Initially, the suit filed by the plaintiff/respondent no. 3, herein, was dismissed by the trial court by judgment and decree dated 31.1.2008, however, first appeal being Civil Appeal No. 10 of 2008 filed by the plaintiff/respondent no. 3, herein, was allowed vide judgment and order dated 25.5.2009, Annexure No. 6 to the writ petition, restraining the defendants not to interfere in the possession of the plaintiff/respondent no. 3, herein, except without adopting due process of law. 3. It is stated by Mr. Lok Pal Singh, learned counsel for the petitioner that the plaintiff/ respondent no. 3, herein, was claiming title over the property in question on the basis of alleged unregistered sale deed executed by defendant no. 3 Sri Ramrum Singh S/o Ghamandi Singh dated 29.5.2000. It is further stated by Mr. Lok Pal Singh that in fact the petitioner had purchased the property in question from Sri Ramrup Singh/defendant no. 3 by registered sale deed dated 9.7.2003. He further contends that the petitioner is in possession of the property in question. 4. Mr. M.C. Pande, learned Senior Counsel appearing for respondent no. 3, submits that since possession of the plaintiff was upheld by the first Appellate Court and the petitioner, herein, was threatening to harvest the sugarcane crop, therefore, respondent no. 3 had no option except to approach the Sub Divisional Magistrate on administrative side for protection of sugarcane crop; therefore, Sub Divisional Magistrate has rightly passed the order impugned in the administrative capacity. 5. It is settled position of law that injunction decree can also be executed as per the provisions of Order 21 Rule 32 CPC. 3 had no option except to approach the Sub Divisional Magistrate on administrative side for protection of sugarcane crop; therefore, Sub Divisional Magistrate has rightly passed the order impugned in the administrative capacity. 5. It is settled position of law that injunction decree can also be executed as per the provisions of Order 21 Rule 32 CPC. Suit being OS No. 141 of 2002 was filed by the plaintiff/respondent no. 3 in the year 2002 against Sri Ramrup and others, therefore, alleged sale deed executed by Sri Ramrup in favour of the petitioner on 9.7.2003 during the pendency of Suit No. 141 of 2002 was hit by principle of lis pendence. Therefore, the petitioner was also bound by the decree. Therefore, respondent no. 3, herein, could have very well approached the competent civil court under Order 21 Rule 32 CPC for the execution of the injunction decree protecting his possession over the crop. However, learned Sub Divisional Magistrate was having absolutely no jurisdiction to pass the order impugned in the present case. 6. Mr. M.C. Pande, learned Senior Counsel appearing for respondent no. 3, submits that the alleged sale deed dated 9.7.2003 has already been cancelled by the competent court. 7. Be as the case may be, I am not entering into the question of validity of the sale deed or the question of title, which are left to be decided by the competent Forum. 8. Consequently, writ petition is allowed. Impugned order dated 6.4.2013 is hereby quashed. However, parties shall be at liberty to approach appropriate Forum for their respective grievance, if any. 9. CLMA No. 6263 of 2014 also stands disposed of accordingly.