High Court Punjab-Haryana High Court

Dev Kaur Alias Baljinder Kaur vs Chhajju Khan And Another on 5 February, 2009

Punjab-Haryana High Court
Dev Kaur Alias Baljinder Kaur vs Chhajju Khan And Another on 5 February, 2009
CR No.656 of 2009                                     1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                      CR No.656 of 2009
                                      Date of decision: 5.2.2009

Dev Kaur alias Baljinder Kaur                         ......Petitioner

                                Versus

Chhajju Khan and another                              ......Respondents

CORAM:-     HON'BLE MR. JUSTICE RAKESH KUMAR GARG

                         * * *

Present:    Mr. Bhavyadeep Walia, Advocate for the petitioner.

                         * * *

Rakesh Kumar Garg, J.

Through this revision petition defendant No.1 has challenged

the order dated 18.5.2006 passed by the District Judge, Patiala whereby

order dated 2.3.2006 passed by the Civil Judge (Junior Division) Nabha on

an application under Order 39 Rules 1 and 2 read with Section 151 CPC

declining the interim stay has been set aside and application for ad interim

stay filed by the plaintiff-respondent has been accepted and the petitioner

has been restrained from alienating the suit land in any manner during the

pendency of the suit for specific performance of the agreement to sell

dated 15.4.2005 filed by the plaintiff against him.

Respondent-Chajju Khan filed a civil suit for specific

performance of an agreement dated 15.4.2005 which the petitioner alleges

to be an act of forgery on the part of the plaintiff-respondent. Along with

the suit for specific performance of the agreement to sell in question the

plaintiff-respondent filed an application under Order 39 Rules 1 and 2 CPC

restraining the petitioner from alienating the suit land during the pendency

of the suit. The aforesaid application was rejected by the trial Court.

However, on an appeal filed by the plaintiff-respondent, the order dated
CR No.656 of 2009 2

2.3.2006 passed by the trial Court rejecting his application for ad interim

stay was set aside and the petitioner was restrained from alienating the

suit land during the pendency of the suit vide order dated 18.5.2006.

Feeling aggrieved therefrom, the present revision petition has been filed by

the defendants in this Court on 19.1.2009 i.e. after a lapse of 2 years 8

months.

Learned counsel for the petitioner has vehemently argued that

there is no prima facie case existing in favour of the plaintiff-respondent as

the alleged agreement in question is an act of forgery and a criminal case

stands registered against the respondent and further, the petitioner has

also filed a civil suit challenging the aforesaid agreement in question and

thus, no case is made out for grant of ad interim stay in favour of the

plaintiff-respondent and the District Judge, Patiala has erred in law and

failed to appreciate all these vital points in favour of the petitioner.

I have heard learned counsel for the petitioner. However, I find

no merit in this petition.

Whether the agreement in question is an act of forgery or not,

can only be decided after adducing evidence and simply because the

petitioner has filed a criminal case against the plaintiff-respondent or has

challenged the aforesaid agreement to sell in question by a separate suit,

does not mean that the plaintiff-respondent has no prima facie case in his

favour? Moreover, the petitioner has failed to give any explanation for

filing this revision petition challenging the order dated 18.5.2006 after a

delay of 2 years and 8 months. The petitioner has failed to state the status

of the case pending before the trial Court. It is well settled that this Court

should not ordinarily interfere in the discretion exercised by the Courts

below in the case of grant of ad interim injunction unless an error of

jurisdiction or a material irregularity has been committed by the Courts
CR No.656 of 2009 3

below. Learned counsel for the petitioner was unable to find any such fault

with the impugned order of the Lower Appellate Court.

Dismissed.

February 5, 2009                         (RAKESH KUMAR GARG)
ps                                              JUDGE