V.MARC INDIA LTD. Vs. JAAN ILLAHI

JUDGEMENT

(1.) This appeal is filed against the order dtd. 1/2/2024 passed by learned Civil Judge (S.D.), Roorkee, District Haridwar in Original Suit No.171 of 2023, "Jaan Illahi Vs. Pravez and another" whereby learned Civil Judge(S.D.), Roorkee, District Haridwar allowed the application of respondent no.1/plaintiff under Order 39 Rule 1 and 2 read with Sec. 151 C.P.C. thereby directing the appellant /defendant no.2 and respondent no.2/defendant no.1 to maintain status quo at the spot.

(2.) Learned counsel for the appellant/defendant no.2 would submit that the suit property was sold by respondent no.1/plaintiff to respondent no.2/defendant no.1 vide registered Sale Deed dtd. 1/8/2022; that, thereafter respondent no.2/defendant no.1 executed the Sale Deed dtd. 26/7/2023 duly registered in the office of Sub-registrar, Roorkee, District Haridwar; that, after about one year of the registration of the Sale Deed in favour of respondent no.2/defendant no.1, respondent no.1/plaintiff filed present suit for cancellation of the Sale Deed along with application under Order 39 Rule 1 and 2 CPC. The application under Order 39 Rule 1 and 2 CPC filed by the respondent no.1/plaintiff was allowed by the impugned order dtd. 1/2/2024.

(3.) Learned counsel for the appellant/defendant no.2 would submit that he is a bonafide purchaser and paid the consideration through bank transaction and has registered Sale Deed in his favour by the person who is also a bonafide purchaser of the suit property by duly executed Sale Deed by respondent no.1/plaintiff and without adverting on this fact the Trial Court has directed the appellant/defendant no.2 to maintain status-quo notwithstanding the fact that the suit property was purchased for installation of the industry for which the appellant/defendant no.2 has got the permission on 24/7/2023 and had erected 112 cement post and raised other construction which is also noted in the impugned order itself.