Dismissed

Sudhir Mehta and Another v. Munib Prasad Gaur

Allahabad HC19 Jul 2019A227/5385/2019

Case brief

AI extract

What is this about?

The High Court, exercising powers under Article 227, dismissed the writ petition challenging orders related to a property dispute suit. The petitioner sought to quash a status quo order and the dismissal of an appeal, emphasizing a dispute over the seller's title. The Court declined to interfere with the lower courts' decision to maintain status quo but directed the trial court to decide the suit

What did the court decide?

The writ petition was dismissed. The trial court was directed to decide the suit expeditiously.

Sudhir Mehta and Another Vs Munib Prasad Gaur — Property and Title | Allahabad HC (2019)

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Court No. - 40

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Case :- MATTERS UNDER ARTICLE 227 No. - 5385 of 2019

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Petitioner :- Sudhir Mehta And Another Respondent :- Munib Prasad Gaur Counsel for Petitioner :- Shiv Bahadur Singh,Rajendra Singh

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Hon'ble Manoj Kumar Gupta,J.

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The instant petition is directed against the order dated 06.09.2017 passed by trial court in Original Suit No.43 of 2017 directing the parties to maintain status quo during the pendency of the suit and order dated 30.05.2019 passed by the appellate court dismissing the appeal.

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The trial court while directing the parties to maintain status quo, has observed that the plaintiff is claiming title to the suit property on basis of registered sale deeds dated 23.08.2010 and 13.09.2010. On the other hand, the petitioners-defendants claimed that the boundaries shown in the plaint and the plaint map are incorrect. According to them, they have purchased the suit property by sale deed dated 20.08.2003. They also claimed that the venders of the plaintiff had lost an earlier civil suit and consequently, the sale deed executed by them in favour of the plaintiff-respondent, did not confer any title in his favour. The trial court has held that issue as to whether the property is same or not and is covered by respective sale deeds set-up by the parties is matter of evidence and would be decided during trial. Since, according to both the parties Gata number is same i.e. 152, therefore, it would be in the interest of justice that the suit property is preserved until the suit is decided. It accordingly directed the parties to maintain status quo . The appeal of the petitioners-defendants was dismissed by the appellate court with direction to the trial court to decide the suit within six months.

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Counsel for the petitioners vehemently urged that since the vendor of the plaintiff had lost earlier suit in respect of the same property, therefore, he was not entitled to any injunction.

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There is serious dispute between the parties as to the identity of the property. The trial court has rightly observed that the said dispute can be decided only after recording evidence. Further, the trial court has not restrained the petitioners for interfering in possession of the plaintiff, but has directed both the parties to maintain strict status quo . The order of status quo passed by the trial court on 06.09.2017 has been in operation since then and there was no stay during pendency of the appeal.

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Having regard to these facts, this Court is not inclined to interfere with the orders passed by the courts below. The petition is accordingly dismissed.

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Learned counsel for the petitioners prays for a direction to the court below to decide the suit, expeditiously.

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Accordingly, the trial court is directed to make serious endeavour to decide the suit, expeditiously.

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Order Date :- 19.7.2019 Atul

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(Manoj Kumar Gupta, J.)

Sudhir Mehta and Another v. Munib Prasad Gaur

Case brief

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Sudhir Mehta and Another v. Munib Prasad Gaur

Case brief

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