Disposed

Sawraj Jindal and Anr. v. Shri Jang Bahadur and Ors.

Punjab & Haryana HC6 Aug 2010CR/4293/2010

Case brief

AI extract

What is this about?

Revision petition under Article 226 assailing orders denying temporary injunction. Court directed that if a specific respondent sells suit property, they must record the pendency of the suit in the deed and file the copy within one month.

What did the court decide?

Direction to respondent No.3 to inform alienee of suit pendency via recital in alienation deed and produce copy in trial court within one month.

Sawraj Jindal and Anr. Vs Shri Jang Bahadur and… — Property and Title | Punjab & Haryana HC (2010)

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C.R. No.4293 of 2010

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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C.R. No.4293 of 2010 Date of Decision: 06.08.2010

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Sawraj Jindal and another

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.……Petitioners

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Versus

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Shri Jang Bahadur and others ……Respondents

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Coram:HON’BLE MR. JUSTICE L. N. MITTAL.

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Present: Mr. Harkesh Manuja, Advocate for the petitioners.

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Mr. Munish Sharma, Advocate for

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Mr. Narender Hooda, Advocate for respondent No.3.

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L. N. MITTAL, J (ORAL)

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This is revision petition by plaintiffs under Article 227 of the Constitution of India assailing orders of the Courts below declining temporary injunction to the plaintiffs.

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At the time of motion hearing, learned counsel for the petitioners stated that presently the petitioners want temporary injunction only to the extent of restraining defendant No.4 Pawan Kumar (respondent No.3 herein) from alienating the suit property during pendency of the suit, so as to avoid any complication and multiplicity of litigation.

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I have heard learned counsel for the parties and perused the case file.

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The above mentioned grievance of the petitioners can be redressed by directing that if respondent No.3 alienates the suit property during pendency of the suit, he will inform the alienee by

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C.R. No.4293 of 2010

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specific recital in the alienation deed about pendency of the suit so that the alienee may not take the plea of being bona fide purchaser of the suit property being unaware of the pendency of the suit. By such a direction, respondent No.3 will also not suffer any loss or injury and the apprehension of the petitioners would also be duly met.

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In view of the aforesaid, but without going into the merits of the rival claim of the parties, the instant revision petition is disposed of with the direction that if respondent No.3 Pawan Kumar (defendant No.4) alienates the suit property during pendency of the suit, he shall inform the alienee by recital in the alienation deed about pendency of the suit and shall also produce copy of alienation deed in the trial Court within one month of the execution of the alienation deed.

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Nothing in this order shall have any bearing on the merits

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of the suit.

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( L. N. MITTAL ) JUDGE

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06.08.2010 A. Kaundal

Sawraj Jindal and Anr. v. Shri Jang Bahadur and Ors.

Case brief

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What did the court decide?

Sawraj Jindal and Anr. v. Shri Jang Bahadur and Ors.

Case brief

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What the court decided

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