KAMAL SINGH BAGHEL Vs. RAMAYAN

JUDGEMENT

(1.) Challenge being made to the order dtd. 11/3/2022 passed by the 9th Additional District Judge, Satna whereby the appeal preferred by the respondents/defendants under Order 43 Rule 1 (R) of C.P.C. against the order passed by the learned Trial Court granting injunction in favour of the plaintiff is being set aside.

(2.) It is submitted that the plaintiffs/petitioners have filed a civil suit for declaration of title, return or possession and for permanent injunction with respect to multiple land situated in Mouja Gurdang and Mauja Bela. The same is pending consideration. Along with the plaint an application for temporary injunction has been filed making a prayer for restraining the parties to create a third party interest and further the defendants be directed not to dispossess the plaintiff from the suit land and not to change the form of suit properties or to alter the suit properties in any manner. The reply to the aforesaid applications was filed by the defendants and denied the averments. The aforesaid application was considered by the learned Trial Court and was disposed of vide its order dtd. 30/10/2021 and directing the parties not to create a third party interest during the pendency of the case and the defendants No.3, 4, 9 to 35 and 37 to 56 were restrained from transferring the suit property mentioned in Annexure-A and the defendants Nos. 1, 2, 5, and 57 to 65 were restrained from transferring the suit properties, mentioned in Annexure B, by way of sale, gift, will or partition.

(3.) The aforesaid order was put to challenge by filing an appeal before the Appellate Court by one of the defendants which was registered as M.C.A.No.68/2012. The learned Appellate Court has allowed the appeal and set aside the order passed by the learned Trial Court on the ground that in terms of Sec. 52 of the Transfer Property Act, if a property is being transferred or a third party interest is being created in the matter, during the pendency of the civil suit then the person who is transferring the property is required to give an information to the person who is purchasing the property during the pendency of the civil suit and has also been permitted for creating a third party interest in the matter. Thus in such circumstances, the order passed by the learned Trial Court not to create any third party interest was in the interest of proper adjudication of the lis because the same will avoid multiplicity of proceedings. Therefore, it is prayed that the order passed by the learned Trial Court be restored and the parties may be directed not to create any third party interest till the pendency of the civil suit.