ZAKIR HUSSAIN Vs. NAUSHAD ALI

JUDGEMENT

(1.) I .A. No. 1341/2005 at Flag '20 ' has been filed under Order 39 Rules 1 and 2, C.P.C. on behalf of respondents no. 9 and 10 praying therein to restrain the parties from transferring the suit land in any manner specially the self acquired land of the mother of these respondents.

(2.) IT has been stated in the petition that these respondents and their mother Bibi Makhbulan are pardanasin and illiterate ladies, so they were defrauded by the plaintiffs. At the instance of plaintiff no. 1, his Advocates, on misrepresentation of facts obtained the L.T.I, of these respondents and filed written statement on their behalf supporting the case of the plaintiff and included the self acquired properties of Bibi Makhbulan in the suit. As against professional conduct of those lawyers, the respondents have already filed a petition for disciplinary action against them before the Bihar State Bar Council.

(3.) I .A. No 1192/2006 has also been filed on behalf of respondents no. 1 to 3 for permission to sell certain portions of suit lands allotted to the share of these respondents in the final decree on the ground they are in urgent need of money for daughter 'smarriage of respondent no. 1 and for treatment of respondent No. 3 Amna Khatoon who is aged about 86 years and has been referred to AIIMs, New Delhi for further treatment.