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2021 DIGILAW 711 (UTT)

Devendra Singh v. Jagdamba Prasad

2021-12-16

S.K.MISHRA

body2021
JUDGMENT S.K. Mishra, J. - Heard Mr. I.P.Kohli, learned counsel for the petitioner. 2. In this case, the petitioner has prayed for issuance of a writ of certiorari quashing the order dated 22.11.2021 as well as 01.12.2021 passed by the learned Civil Judge (S/D), Pauri Garwhal in O.S. No. 13 of 202 and also giving a direction to the learned Civil Judge(S/D), Pauri Garhwal to decide the ad-interim injunction application expeditiously within a period of 30 days. 3. The petitioner has filed a suit with respect to the lands in question, which are joint family and ancestral properties of the parties. He was apprehending that the defendants are selling specific portions of land to other persons. It is settled principle of law that a co-sharer can sell his undivided infest in a joint family property but he cannot sell a specific portion of land to an outsider, who is not a member of the co-parcenary of the joint family property. Learned Civil Judge (S/D), should have granted an ex-parte ad interim injunction against the respondents from further executing sale-deeds in favour of outsiders. Subsequent to writ application has been filed against a non-issuance of ad-interim injunction. No useful purpose would be served by issuing notice and granting injunction by this Court in view of the fact that the matter can be decided by the learned senior Civil Judge. 4. In that view of the matter, it is hereby directed that the defendant no. 1 shall not execute any further sale-deeds or alienate the property or create any 3rd party interest for the next 30 days and the respondent nos. 25 to 28 shall maintain the status quo over the property till the next 30 days. Learned Civil Judge(S/D) shall consider the matter and dispose of the matter of temporary injunction under order 39 Rule 1 & 2 within 30 days from production of certified copy of this Order. The learned counsel for the petitioner undertakes to produce the certified copy of this Order within three days before the learned Civil Judge (S/D) in the aforesaid case. The certified copy of this order shall be furnished to the petitioner during course of the day as per rules on payment of proper dues or fees. 5. The writ petition is accordingly disposed of. 6. There shall be no order as to the costs. 7. The certified copy of this order shall be furnished to the petitioner during course of the day as per rules on payment of proper dues or fees. 5. The writ petition is accordingly disposed of. 6. There shall be no order as to the costs. 7. Urgent certified copy of this order be granted to the parties today itself on proper application.