Ravindra Nath Garg v. Sai Fortune Developers Pvt. Ltd.
2016-09-30
MANOJ KUMAR GUPTA
body2016
DigiLaw.ai
JUDGMENT Manoj Kumar Gupta,J. The relief claimed in this petition is for a direction to the trial court to decide the application under Order 39, Rule 1 CPC, filed by the petitioner in Original Suit No. 106 of 2015, expeditiously and to restrain defendant-respondent no. 1 for causing any interference in the peaceful possession of the petitioner, over the suit property. 2. The suit, referred to above, has been instituted by the petitioner for declaration of sale deed dated 26.6.2014 in favour of the defendant no. 1 to be illegal, collusive and void at least to the extent it relates to the land belonging to the plaintiff and for prohibitory injunction restraining the defendants from interfering in the possession of the plaintiff. Therein, an application for temporary injunction, paper no. 6-C was also filed. The defendants have appeared in the proceedings and are contesting the same be filing written statement. 3. A perusal of the record of the petition reveals that on an application filed by defendant no. 1, the trial court has passed an order for issue relating to valuation and court fees payable, being decided as preliminary issues. The injunction application has not been disposed of so far. 4. It is urged by learned counsel for the petitioner that the pendency of the application for temporary injunction is causing irreparable injury to the petitioner, as the defendant are trying to change the nature and character of the suit property. It is urged that even if these issues are to be decided as preliminary issues, the matter relating to temporary injunction may also be taken up for consideration simultaneously. 5. Sri Kuldeep Kumar has appeared on behalf of defendant no. 1 and he has no objection to the injunction application being decided, simultaneously. 6. In such view of the matter, this petition is disposed of with a direction to the trial court to decide the application for temporary injunction, paper no. 6-C, alongwith preliminary issues relating to valuation and court fees payable. It is desirable that the exercise in this regard be completed expeditiously and preferably, within a period of two months from the date of production of certified copy of this order.