GAUHAR ALI Vs. NIZAAM

JUDGEMENT

(1.) The petitioner/plaintiff has filed the present petition being aggrieved by the order dated 12.7.2017 passed by Civil Judge, Class-I, Bhikangaon in Civil Suit No. 36-A/2016 by which application filed under Order 23 Rule 1(3) of the CPC, has been dismissed.

(2.) The petitioner/plaintiff filed the suit against the defendants seeking relief of permanent injunction in respect of the land survey No.170/1 and 170/2 area

(3.) 804 of Gram Nankodi, Tahsil Jhiranya. The plaintiff is son of defendant no.2 who has executed the agreement to sale with defendant no.1 for sale of the aforesaid suit property. According to the plaintiff, the defendant no.2 has no right to alienate the suit property; therefore, he sought the relief of permanent injunction. The suit was filed on 24.9.2013. 3. During the pendency of the suit, the defendant no.2 has sold the suit property to the defendant no.1 and according to the plaintiff he has been dispossessed; therefore, he filed an application under Order 6 Rule 17 of the CPC seeking relief of declaration as well as possession. By order dated 16.2.2017, the learned Court has rejected the application on the technical ground.