RAJ RANI Vs. MADAN LAL AND ORS.

JUDGEMENT

(1.) The petitioner-Raj Rani has filed the present revision petition under Article 227 of the Constitution of India for setting aside impugned order dated 08.09.2020 passed by learned Civil Judge (Junior Division), Faridabad in Civil Suit No.1771 of 2020 titled as 'Raj Rani Vs. Madan Lal and others' whereby application under Section 10 of the Code of Civil Procedure, 1908 (for short, "the CPC") was allowed and Civil Suit No.1771 of 2020 titled as 'Raj Rani Vs. Madan Lal and others' was stayed till the final decision of Civil Suit No.1546 of 2020 titled as 'Madan Lal Vs. Daleep Kumar'.

(2.) Briefly stated, the petition has been filed on the averments that the petitioner is owner in possession of the property in dispute by virtue of registered transfer deed dated 20.12.2018 executed by her husband Daleep Kumar on the basis of family settlement arrived at in the year 2014. Daleep Kumar husband of the petitioner had taken loan of Rs.7 lakhs from respondent No.1-Madan Lal for repayment of loan taken from IIFL Bank and signed all the papers as asked by respondent No.1. The petitioner filed Civil Suit No.1771 of 2020 titled as 'Raj Rani Vs. Madan Lal and others' for permanent injunction against Madan Lal and others. Respondent No.1 filed Civil Suit No.1546 of 2020 for declaration and permanent injunction against her husband Daleep Kumar claiming ownership and possession on the basis of affidavit dated 06.07.2020 executed by Daleep Kumar in his favour on payment of amount of Rs.7 lakhs. The petitioner was not party to the above said Civil Suit. Transfer deed dated 20.12.2018 was executed much prior in time to affidavit dated 06.07.2020 executed in favour of respondent No.1 by her husband Daleep Kumar. Respondent No.1 filed application under Section 10 of the CPC for stay of Civil Suit filed by the petitioner. Learned Civil Judge (Junior Division), Faridabad has wrongly allowed the said application and stayed trial of the Civil Suit filed by the petitioner. The impugned order suffers from material illegality and is liable to be set aside.

(3.) I have heard learned counsel for the petitioner and gone through the record.