Dismissed

Mahesh Parakh v. (Deleted) Smt. Kamladevi Saxena Died Through Lrs. (a) Shri Dr. S. P. Saxena

Chhattisgarh HC6 Jan 2020SA/303/2007

Case brief

AI extract

What is this about?

Second appeal dismissed in limine against plaintiff's suit for permanent injunction in a cooperative shop allotment dispute. Court held no substantial question of law arose as the Society was not impleaded, cancellation of allotment not sought, and possession relief unavailable.

What did the court decide?

Second appeal dismissed in limine without notice to the other side with no costs awarded.

Mahesh Parakh Vs (Deleted) Smt. Kamladevi Saxena… — Property and Title | Chhattisgarh HC (2020)

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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Second Appeal No. 303 of 2007

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Mahesh Parakh S/o Late Shri Mishrilal Parakh,
Aged about 42 years, R/o Priyanka Parisar,
Parakh. Medical Stores Durg, District Durg,
Chhattisgarh.

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---Appellant/Plaintiff

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 Versus

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Smt. Kamladevi Saxena (died) through Lrs.

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- Shri Dr. S.P. Saxena S/o Late Dr. M.P. Saxena,
R/o H.I.G. 43, Padmanabhpur, Durg, Chhattisgarh,
At present posted Civil Surgeon District
Hospital, Dhamtari, Chhattisgarh.

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 --- Respondent/Defendant

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For Appellant:Mr. Ashish Surana, Advocate

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Hon'ble Shri Justice Sanjay K. Agrawal Order on Board

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06/01/2020

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1.Heard on admission in this second appeal
preferred by the appellant/plaintiff under
Section 100 of the CPC assailing the judgment and
decree passed by the first appellate Court
affirming the judgment and decree of the trial
Court dismissing the suit of the plaintiff.

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2.Mr. Ashish Surana, learned counsel for the

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appellant/plaintiff would submit that both the
Courts have concurrently erred in dismissing the

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suit of the plaintiff and not granting permanent
injunction in his favour by recording a finding
which is perverse and contrary to record.

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3. Plaintiff filed a suit for permanent injunction simpliciter stating that on 06/10/1988 by depositing ₹ 2,000/- permission was granted by Durg Cooperative Marketing Society for construction of shop on the land owned by the Durg Cooperative Marketing Society, of which plaintiff is in possession. Balance amount of ₹ 13,000/- was also deposited on 27/06/1989, however, the defendant tried to get the shop allotted in her name. The Deputy Registrar, Cooperative Society directed to allot the shop to plaintiff. Despite of that, defendant started interfering with plaintiff's possession in the suit property, to which the defendant opposed by stating that since the plaintiff has failed to deposit the amount of ₹ 13,000/- therefore, the suit property has been allotted to the defendant on 04/07/1989.

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4.Learned trial Court dismissed the suit of the
plaintiff holding that plaintiff is not in
possession of the suit property whereas defendant
is in possession of the said suit property and

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the plaintiff ought to have filed the suit for
specific performance of contract against the
Society which was affirmed by the first appellate
Court.

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5.The fact remains that the suit shop was alloted
to the defendant and plaintiff did not seek
cancellation of the allotment made by the Society
in favour of the defendant and moreover,
defendant is in possession and plaintiff did not
even seek the relief of possession which is
barred by proviso to Section 34 of the Specific
Relief Act, 1963 and the Society which alloted
the suit shop in favour of the defendant has not
even been impleaded as a party/defendant in the
suit, as such, I do not find any substantial
question of law arising for consideration herein.

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6. The second appeal, being devoid of merits, deserves to be and is accordingly dismissed in limine without notice to the other side. No cost(s).

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Sd/(Sanjay K. Agrawal) Judge

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Harneet

Mahesh Parakh v. (Deleted) Smt. Kamladevi Saxena Died Through Lrs. (a) Shri Dr. S. P. Saxena

Case brief

What is this about?

What did the court decide?

Mahesh Parakh v. (Deleted) Smt. Kamladevi Saxena Died Through Lrs. (a) Shri Dr. S. P. Saxena

Case brief

What is this about?

What did the court decide?

What the court decided

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