MEERA CHAUHAN Vs. HARSH BISHNOI

JUDGEMENT

(1.) Leave granted.

(2.) Bungalow No.12 at Thimayya Road, Cantonment Lucknow (hereinafter referred to as the "Suit property") originally belonged to Smt. Vimla Bishnoi since deceased who was the mother of the Respondent Nos.1 and 2. By a registered Will executed by her, the suit property was bequeathed in favour of Anil Bishnoi, who is the respondent No.2 in this appeal. On 15th of May 1996 Smt. Vimla Bishnoi expired. On 11th of June 1996 Harsh Bishnoi, who is the respondent No.1 in this appeal, applied for mutation before the Army Authorities, which was rejected by them by an order dated 5th January 1998.

(3.) A suit has been filed, being Suit No. 199/2002, in the Court of Civil Judge (Sr. Div.) Lucknow by the respondent No.1 for declaration of title over the suit property against the respondent No.2 on the basis of an oral family settlement of the year 1988. In the plaint, the Respondent No.1 herein, has prayed for permanent injunction restraining the Respondent No.2 from interfering with his possession over the suit property. In the suit, an application for injunction restraining the respondent No.2 from transferring, alienating or encumbering the same has been filed. On 6th May 2002 on the application for injunction, an ex-parte interim order of injunction restraining the respondent No.2 from transferring, alienating or encumbering the suit property was passed. It is therefore clear that no interim order of injunction was granted by the Court against the respondent No.2 from interfering with possession of the respondent No.1 in respect of the suit property. According to the respondent No.2 neither the application for injunction nor the ex-parte interim order of injunction was served upon him. When the interim order of injunction was in force, more precisely on 17th of July 2002, the appellant purchased the suit property from the respondent No.2 at a consideration of Rs.19 lacs and she was put into possession of the same on the same date. Thereafter, a Writ Petition being W.P. No. 4994/2002 was filed by the respondent No.1 in the High Court of Allahabad, (Bench at Lucknow) on 18th August 2002 against the State and the Army Authorities as well as the appellant claiming thereby forcible dispossession during his absence and praying for restoration of possession.