SIKKA INFRA PLANET PRIVATE LIMITED Vs. ARVIND BANSAL

JUDGEMENT

(1.) Having heard the rival contentions of the learned counsels of either party, it transpires that initially an original suit no. 89/2016 was instituted by Shri Arvind Bansal against Smt. Punita Nagalia on 09.02.2016 in the Court of learned Civil Judge (Senior Division) pertaining to the land enumerated in para-1 of the pleadings viz. Khewat Sankhya 7, Khata Khatoni no. 17, Phasli year 1419 to 1422 (in other words 2012 to 2017 A.D.), Khasra no. 67, 68, 69, 70, 71 and other land situated in Mauza, Karanpur Pargana Central Doon. An injunction was sought restraining the defendant to transfer/sale the property in question in favour of any third person. The valuation was shown to be Rs. 50 lakhs of the land in question and the suit was presented in the court through Shri Ram Naresh Singh, Advocate.

(2.) The learned Incharge Civil Judge (Senior Division) heard the learned counsel of the plaintiff and without indicating any explicit reason issued the notices to the defendants and did not consider it proper to issue an ad interim injunction.

(3.) Having been unsuccessful in obtaining the desired relief another original suit no. 346/2016 was instituted on 05.7.2016 by the other plaintiffs namely Shri Sushil Kumar, Shri Pramod Kumar & Shri Vineet Kumar, all sons of Shri Raj Kumar, against the same defendant Smt. Nagalia pertaining to the same property as have been indicated herein above for the same relief by the same Advocate Shri Ram Naresh Singh. This time too, the denial to issue the ad interim injunction met the same fate without disclosing any explicit reasons so application of the mind by the Presiding Officer of the Court could not be manifested. Notices were issued to the defendant Smt. Punita Nagalia.