HARI NARAIN OJHA Vs. JAGTARAN DEVI

JUDGEMENT

(1.) During course of pendency of F.A. No.36/1985, I.A. No.2866/2010 was filed on behalf of respondent no.2 and 4 under Order-XXXIX Rule-1 and 2 read with Section 151 of CPC for restraining the appellants from alienating the property during pendency of the appeal on the ground that appellants sold away certain lands, being the suit property as well as are in process of negotiation to sell. Appellants filed rejoinder annexing the sale deed having executed by the respondent during pendency of the appeal whereupon submitted that respondents have themselves indulged in such unwarranted activities, whereupon prayed for rejection of the petition.

(2.) The matter was heard and during course of hearing, it has been submitted at the end of both the parties that an order of status quo may be passed to be effective till disposal of the first appeal which could serve the purpose. Furthermore, both the parties undertook to maintain status quo till the disposal of the appeal and in view of the undertaking having been made on behalf of both the parties, I.A. No.2866 of 2010 was disposed of acknowledging the same.

(3.) It is evident from the record of F.A. No.36/1985 that Naga Thakur was respondent no.3 and after his death, his legal heirs were substituted vide order dated 05.08.1996 most probably before the learned lower court itself.