Baikunth Mahton @ Baikunth Prasad Singh (Mahto) v. Jasma Khatoon
Case brief
What is this about?
Patna HC, C.Misc. No.127 of 2023 (Arun Kumar Jha, J, 24-03-2025): rival claims to Begusarai land via competing sale deeds — petitioner's deed dated 25.01.1980 (executor Syed Mashihujamma Bedil) versus respondent's earlier deed dated 19.11.1969 (from the father of the plaintiff's vendor). Order 39 Rule 1 and 2 CPC injunction-restraint applications refused by Sub Judge-cum-A.C.J.M., Ballia (Title Suit No. 241 of 2015, order dt. 05.01.2019) and by the District and Sessions Judge, Begusarai in Civil Miscellaneous Appeal No. 02 of 2019 (order dt. 21.10.2022); the civil miscellaneous petition was disposed of with neither impugned order set aside, counsel's reciprocal undertakings being converted into joint directions binding both sides not to alienate or create third-party interests in the suit property during pendency, plus a direction to the trial court to expedite disposal. Relevant to: consensual status-quo/non-alienation directions in lieu of refused injunctions; preservation of suit property pending trial; competing-sale-deed priority disputes; expedite-trial directives.