VINOD KUMAR BRAHMIN Vs. BHAGI DEVI BRAHMIN

JUDGEMENT

(1.) The present appeal under Order XLIII Rule 1 of the Code of the Civil Procedure, 1908 has been filed, laying challenge to the order dtd. 14/7/2014 passed by the learned Additional District Judge, Sri Ganganagar (hereinafter referred to as the 'trial Court'), vide which the trial Court has decided the application under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908, practically with the consent of the parties, relevant extract whereof reads as under:

(2.) Laying challenge to the order aforesaid, Mr. Jain-learned counsel for the appellant contended that a perusal of the order reveals that both the parties had given a consent that during pendency of the suit, that they shall not transfer, alienate or create third party right in respect of disputed property, yet the trial Court has gone beyond the consent terms and has given a further direction that the appellant-defendant shall not forcibly dispossess the respondent-plaintiff from her possession.

(3.) Mr. Bhadu-learned counsel for the respondent contended that the order passed by the trial Court is perfectly just and valid and does not call for any interference. He argued that the appellant cannot be permitted to dispossess the respondent-plaintiff during pendency of the suit.