TEENA PANDEY Vs. KIRNESH PANDEY

JUDGEMENT

(1.) The petitioners/defendants have filed the present petition under Article 227 of the Constitution of India being aggrieved by order dated 24.01.2019 passed by Civil Judge Class-1, Indore whereby the application under Order 26 Rule 9 read with Section 151 of CPC has been allowed by directing the parties to suggest the name of Commissioner.

(2.) Brief facts of the case are that the respondents being plaintiff filed the Suit against the petitioner no.1 and petitioner no.2 for the relief of declaration and permanent injunction in respect of Plot No.387-E, Scheme No.114, Indore. Petitioner no.1 and respondent are husband and wife and matrimonial dispute is going on between them.

(3.) According to the plaintiff, he purchased the suit house by registered sale deed dated 22.12.2015 in Rs.36,60,000/-. He got it registered in the name of petitioner no.1 being his wife. She did not pay any amount at the time of sale. The plaintiffs have also obtained the loan of Rs.40,00,000/- from the Union Bank. Thereafter, matrimonial dispute has started with defendant no.1 and she lodged a report in the Police Station under Section 498-A of IPC. She has also filed a complaint under the Domestic Violence Act and initiated the proceeding under Section 125 of Cr.P.C. for maintenance against him. Now, the plaintiff is alleging that defendant no.1 is raising construction over the plot contrary to the sanctioned map. Therefore, he filed the Suit for declaration, title and permanent injunction that defendant be restrained not to raise the construction contrary to the sanctioned map.