NISHID KUMAR BARDIYA Vs. VINOD GURJAR

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been preferred by the petitioner/defendant being aggrieved by the order dtd. 2/12/2025 passed by the 1st Civil Judge, Junior Division, Sitamau, Distt. Mandsaur in RCSA-186/2025, whereby the application filed by the petitioner under Sec. 10 read with Sec. 151 of the CPC seeking a stay of the suit in Suit No.186/2025 filed by the plaintiff for permanent injunction has been rejected.

(2.) Facts of the case are that, land Survey No.419 area 0.6106 hectare situated at Haandi was originally purchased by one Bhagwan Das from Sushila Devi vide sale deed dtd. 05/01/2022. Thereafter, a portion of the said land, bearing Survey No. 419/1 admeasuring area 0.139 hectares, was sold to Yashpal Singh on 18/04/2024. Subsequently, Yashpal Singh transferred the same land in favor of Vinod Gurjar on 06/12/2024, who is the respondent in the present petition. The land situated at Survey No. 361/3 area 1.012 Hecate village Sitamau was originally purchased by present Petitioner from one Bherulal S/o Nathu ji vide registered sale deed dtd. 14/02/2007 and after purchase, the mutation of his name in the revenue records was done.

(3.) It is submitted by the learned counsel for the petitioner that previously also one suit bearing RCSA No. 169 of 2022 was instituted by present petitioner against Bhagwan Das and others, where the same subject land area (which is survey no 419, 418, and 361/3) is under disputed and the same is pending before the Learned Civil Judge, in which the learned Trial Court has allowed the application for temporary Injunction in favor of the present petitioner.