OM PRAKASH PANDIT Vs. UMA DEVI

JUDGEMENT

(1.) Heard Sri Gajendra Kumar Jha, learned Counsel for the Appellant.

(2.) The present appeal was filed under Order XLIII Rule 1(r) of the Code of Civil Procedure against the order dated 6.4.2009 passed by Sub-Judge-I, Patna in Title Suit No. 412 of 2008. By the said order learned court below has rejected the petition filed on behalf of the Plaintiff-Appellant under Order XXXIX, Rules 1 & 2 read with Section 151 of the Code of Civil Procedure.

(3.) The Plaintiff-Appellant had filed Title Suit No. 412 of 2008 for a declaration that 'bai-beyana' agreement (agreement to sale) dated 27.1.1999 executed by Defendant No. 1 in favour of Defendant Nos. 2 & 3 who are Respondent Nos. 2 & 3 in this appeal as illegal and not binding on the Plaintiff besides other relief. Before the court below an objection was also filed on behalf of Respondent Nos. 2 & 3. It was clarified by the Respondent Nos. 2 & 3 who are Defendant Nos. 2 & 3 that after execution of agreement to sale the Defendant No. 1 who was father of the Plaintiff had already executed absolute sale deed in favour of the purchaser after receiving the consideration amount. After hearing the parties the learned court below rejected the petition for grant of ad-interim stay.