SURAJ KUMAR Vs. KHEM SINGH

JUDGEMENT

(1.) The present civil misc appeal has been filed by the appellant with the following reliefs:-

(2.) Brief facts of the case are that the appellant filed a civil suit for declaration and permanent injunction concerning plots No. 7 and 8, which he used as a godown for his tent business. In 2014, to expand his business, the appellant borrowed Rs.2.00 lakhs from respondent No.1, who took the property papers of the plots as security and was given a general power of attorney, an agreement to sell, and a will related to plot No.8. In 2021, the appellant offered to repay the loan in full and requested the return of the documents and cancellation of the power of attorney. However, respondent No.1 refused to do the same. The appellant then issued a notice on 26/3/2021 revoking the power of attorney, but respondent No.1 still did not return the documents. Subsequently, on 22/2/2022, respondent No.1 sold the plots to respondent No.2, his daughter, and falsely claimed in an affidavit that the power of attorney had not been revoked. The appellant challenged this sale deed as void ab initio and sought a declaration to that effect, along with an injunction to prevent the respondents from interfering with his possession. After hearing the parties, the learned trial court vide order dtd. 3/11/2022 has dismissed the appellant's application for temporary injunction. Hence, the present appeal.

(3.) At the very outset, learned counsel for the respondents respectfully submits that the issue raised in the present writ petition is squarely covered by the decision of a Co-ordinate Bench of this Court rendered in the case of Suraj Kumar vs. Khem Singh and Anr., SBCWP No.17059/2022, decided on 21/12/2022, wherein identical controversy was involved and in that case, the writ petition was unambiguously dismissed, and since the facts and legal position in the present case are pari materia with those in Suraj Kumar (supra), judicial discipline requires that the same view be adopted here. He submits that the present writ petition also deserves to be dismissed accordingly in terms of the binding precedent laid down by the Co-ordinate Bench. The relevant portion of said order is reproduced hereunder:-