PRITAM KAUR Vs. SARABJIT KAUR AND ANOTHER

JUDGEMENT

(1.) Defendant No. 1 has filed the present petition in this court challenging the order dated 25.1.2012, passed by the learned court below, whereby she was restrained from cross-examining the plaintiff-respondent No. 1 and other witnesses on the question of legality and validity of the agreement to sell, as the issue had already been decided in earlier litigation between the parties.

(2.) The case in hand has a checkered history. The present proceedings arise out of a civil suit filed by respondent No. 1- plaintiff on 17.10.1995 for possession by way of specific performance of agreement to sell dated 9.12.1992. After notice, the parties had put in appearance. The issues were framed on 6.11.1996. When the case was at the stage of plaintiff's evidence, application was filed by the petitioner on 16.11.1999 under Section 10 Civil Procedure Code for stay of the suit. The same was decided by the learned court below on 23.9.2000, whereby the suit was adjourned sine die and ordered to be consigned to record room and to be re-called as and when ordered by the court. The application was filed by the petitioner with the plea that she had filed a suit earlier on 6.3.1993 for declaration to the effect that she is the owner in possession of the property in dispute and further permanent injunction was sought restraining the defendants therein from effecting transfer in any manner or alienation of the property to any one and further for mandatory injunction directing defendant No. 3 therein (respondent No. 1 herein) for handing over possession of the suit property to the petitioner. The learned court below having found that issues in both the suits were substantially similar, the proceedings were adjourned sine die.

(3.) The suit filed by the petitioner was dismissed by the trial court on 16.10.2003. First appeal was dismissed by the learned lower appellate court on 11.9.2004 and subsequent thereto, even Regular Second Appeal No. 600 of 2005 filed by the petitioner before this court was also dismissed on 20.1.2006.