VIJAY KUMAR MAHARAJ Vs. SHAKUNTALA DEVI

JUDGEMENT

(1.) AFTER having heard learned counsel for the petitioners and learned counsel representing the private respondents and after having perused the averments made in the counter affidavit which are on record, this Court is of the opinion that no purpose will be served by keeping the writ application pending or passing any interim order on I.A. No. 3712 of 2009.

(2.) LOOKING at the nature of the dispute betwen the two parties, the private respondent is claiming that she has right over the land in question since it was settled by the State Government in favour of her husband who is an Ex -Army man whereas the petitioners contend that this is a family property which has been illegally alienated by way of a sale deed in favour of his wife namely, Shakuntala Devi. It is not disputed that a Title Suit No. 148 of 1996 has been filed and is being contested between the parties. The anxiety of the present petitioners is that the long pendency of the suit is being misconstrued and certain act prejudicial to the interest of the present petitioners is being done for which respondents need to be restrained at least till the decision of the suit in question.

(3.) SINCE the final declaration in favour of the private respondent has not been made and is still a subject matter of adjudication, the Court would like that the suit be decided with due co -operation of the parties at the earliest since quite a few witnesses have already been examined by the plaintiff and the defendants.