Disposed

Yogesh v. Saleha Khatoon

Allahabad HC22 Feb 2021A227/327/2021

Case brief

AI extract

What is this about?

Petitioner disposed petition under Article 227 regarding an injunction granted in a suit for dissolution of marriage involving property. Court directed petitioner to file impleadment and stay application in the underlying suit. Trial Court mandated to consider applications expeditiously after hearing parties.

What did the court decide?

Direction to file impleadment and stay application in the suit within two weeks; Trial Court to decide applications within three months after hearing parties.

Yogesh Vs Saleha Khatoon — Property and Title | Allahabad HC (2021)

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Court No. - 10

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Case :- MATTERS UNDER ARTICLE 227 No. - 327 of 2021

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Petitioner :- Yogesh Respondent :- Saleha Khatoon Counsel for Petitioner :- Tarkeshwar Mishra

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Hon'ble Prakash Padia,J.

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Heard Ms. Neha Sonkar Advocate holding brief of Sri Tarkeshwar Mishra, learned counsel for the petitioner.

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The petitioner has preferred the present petition with the prayer to set aside the order dated 08.01.2021 passed by the Principal Judge, Family Court Sant Kabir Nagar in Case No.14 of 2018.

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It appears from perusal of the record that a suit being Suit No.l4 of 2018 was filed by one Saleha Khatoon against her husband namely Abdul Salam. Along with the suit, an injunction application being Application No.6C has been filed. The aforesaid injunction application has been allowed by the Family Court, Sant Kabir Nagar vide its judgement and order dated 08.01.2021. Aggrieved against the aforesaid application, the petitioner has preferred the present petition.

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It is argued by learned counsel for the petitioner that the petitioner is the bonafide purchaser of Plot No.187 (Tha) area 0.79 hectare situated at village Pauli, Pargana-Mahuli Purab, Tehsil Dhaghata, District Sant Kabir Nagar. The aforesaid plot was purchased by the petitioner through a registered sale deed executed by husband of the plaintiff namely Abdul Salam on 2402.2020.. It is arged that after execution of the aforesaid sale deed, the name of the petitioner was also mutated in the revenue records, a copy of the Khatoni is appended as Annexure No.1 to the petition. It is argued that the Principal Judge, Family Court Sant Kabir Nagar without providing any opportunity and hearing to the petitioner, injunction has been granted in favour

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of the plaintiff of the suit namely Saleha Khatoon. It is argued that in the aforesaid injunction application, it is directed that not to sell or transfer the aforesaid property in favour of any person. It is argued that the aforesaid order is absolutely illegal and without providing any opportunity of hearing.

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Heard learned counsel for the petitioner and perused the record. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the petitioner to file application for impleadment in the aforesaid suit along with stay vacation application within a period of two week from today. If such applications have been filed within the time prescribed, the Trial Court is directed to consider and decide the aforesaid applications in accordance with law expeditiously and preferably within a period of three months from the date of filing of such application along with a self attested computer generated copy of this order downloaded from the official website of High Court Allahabad but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties.

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Order Date :- 22.2.2021 saqlain

Yogesh v. Saleha Khatoon

Case brief

What is this about?

What did the court decide?

Yogesh v. Saleha Khatoon

Case brief

What is this about?

What did the court decide?

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