USHA Vs. DESH RAJ SAINI

JUDGEMENT

(1.) Application is allowed, as prayed for. Civil Revision-1451-2021

(2.) In the present revision petition, the challenge is to the order dtd. 5/2/2021 (Annexure P-1) passed by the Civil Judge (Junior Division), Sohna, by which, while deciding an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure, filed by the respondent plaintiff in a suit for specific performance, it has been ordered that status-quo regarding the possession of property be maintained on the ground that both the parties were claiming to be in possession of property on the basis of the documents produced before the Court. The appeal preferred by the petitioner against the order dtd. 5/2/2021 (P-1) has been rejected by the lower Appellate Court

(3.) In the present revision petition, the grievance which is being raised by the petitioner is that once she already has a sale deed dtd. 11/12/2020 in her favour and as per the sale deed, she was allowed the possession by the seller i.e. defendant No.l, the order of maintaining the status-quo qua the possession of the property should not have been passed and clear finding should have been recorded in her favour qua possession of the property in dispute.