GIRISH CHANDRA MANDAL Vs. MD. AMANTULLAH SALFI

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner. The petitioner seeks issuance of a writ of certiorari for quashing the orders dated 22.11.2007 (Annexure -1) passed by the 1st. Additional District Judge, Darbhanga in Miscellaneous Appeal No. 17/2000 and also the order dated 6.5.2000 (Annexure -2) passed by 4th Subordinate Judge, Darbhanga in Title Suit No. 125/1999 by which the prayer for injunction of the petitioner as also for direction for staying the issuance of delivery of possession in Title Execution case No. 6/93 pending in the Court of 1st. Munsif, Darbhanga has been rejected.

(2.) THE short facts leading up to the present matter are that the petitioner claims to have purchased 11 1/2 Dhurs of land of Plot No. 26982 for a sum of Rs. 25,000/ - by a registered sale deed dated 26.11.1987 from one Amiriti Devi and her daughter and the petitioner was put in possession over the same. Thereafter mutation was also made, Municipal Revisional Parcha was issued and he has been depositing the tax in favour of the Government. According to the petitioner, said Amiriti Devi was legally wedded wife of one Hare Krishna Sah and the respondent Nos. 1 to 4 had purchased properties from one Gulab Devi whose status was of a mere concubine of said Hare Krishna Sah since her so called marriage in 1970 with said Hare Krishna Sah was no marriage in the eye of law. It is stated that the said Gulab Devi had executed many sale deeds and as such Amiriti Devi and her daughter filed Partition Suit No. 157/86 in the Court of Subordinate Judge, Darbhanga for partition of their 2/3rd share from the entire properties of Hare Krishna Sah. The said suit is still pending.

(3.) THEREAFTER the petitioner filed Title Suit No. 125/99 in the court of the 1st. Subordinate Judge, Darbhanga seeking declaration of his title, confirmation of possession and ultimately recovery of possession and further for a declaration that the sale deed in favour of the respondents is not binding on the plaintiffs and they are not entitled to get delivery of possession on the basis of the Eviction Suit No. 24/88 and prayer for permanent injunction was also made. The respondents in the meantime had filed execution case No. 6/93 in the Court of Execution Munsif, Darbhanga. In the said execution case the petitioner filed objection regarding executability pointing out the pendency of his own suit in which an order was passed confirming the report of the Advocate Commissioner. The petitioner thereafter filed C.R. No. 1276/06 before this Court in which by order dated 18.12.2006 the Executing Court was directed to proceed expeditiously with the execution case. Again the petitioner sought an injunction in T.S. No. 125/99 for restraining the respondents from taking delivery of possession till pendency of suit which was rejected by order dated 6.5.2000. In the Miscellaneous Appeal No. 17/2000 before the District Judge, Darbhanga against the said order by order dated 19.6.2000 an order of status quo was initially passed but finally by order dated 22.11.2007 the same was dismissed. Aggrieved by the same the petitioner has approached this Court.