RAJKUMAR Vs. SAMAY SINGH AND ANOTHER

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks writ in the nature of certiorari quashing the order dated 12.05.2016, passed by learned I Addl. District Judge, Roorkee, District Haridwar in Misc. civil appeal no. 03 of 2016, Rajkumar vs Samay Singh and another. A further writ has been sought for quashing the order dated 05.01.2016, passed by Civil Judge (Jr. Div.) Roorkee in original suit no. 139 of 2013, Rajkumar vs Samay Singh and another.

(2.) O.S. no. 91 of 2007 was filed by the petitioner against one Babu Ram, who sold the property in suit to Samay Singh (respondent no. 1). It is, therefore, the submission of learned counsel for the petitioner that the sale is hit by doctrine of lis pendens (Section 52, Transfer of Property Act). It is also submitted that respondent no. 1 purchased the property during the pendency of suit, and in all probability, with full knowledge of the fact that suit for cancellation of sale deed is pending. Section 52 of Transfer of Property Act clearly prohibits the transfer of property which can only be done with the permission of the Court. No such permission has been obtained respondent no. 1.

(3.) On 20.11.2013, respondent no. 1 filed O.S. no. 139 of 2013 before Civil Judge (Jr. Div.), Roorkee, against the petitioner-defendant for a relief of permanent prohibitory injunction. He also filed an application under Order 39 Rules 1&2 CPC for restraining the petitioner from interfering in his possession over khata no. 307, khasra no. 820M, admeasuring 0.7830 Hectare, situated in Mohammadpur Panda, Pargana and Tehsil Roorkee, District Haridwar (here-in-after referred to as property in suit).