Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 29 of 2010 Petitioner :- Mahendra Kumar & Ors. Respondent :- Addl. District Judge Court No. 12 & Ors. Petitioner Counsel :- Nipun Singh Hon'ble Krishna Murari,J.
Heard learned counsel for the petitioners.
In the peculiar facts and circumstances of the case and in view of the
order proposed to be passed hereunder, the respondents are not
being put to notice and their rights to seek
variation/clarification/modification in the order, in case they feel
aggrieved, is being kept reserved.
Facts are that plaintiffspetitioners filed a suit for mandatory injunction
restraining the defendantsrespondents not to transfer the suit
property by means of sale deed, gift deed or mortgage etc. except in
favour of the plaintiffs or the persons suggested by them. Another
relief of mandatory injunction to direct the defendantsrespondents to
obtain ‘No Objection Certificate’ from various departments as per
agreement between the parties was also prayed. An application for
temporary injunction was also moved to restrain them from
alienating, transferring or creating third party interest over the suit
property.
It is contended by learned counsel for the petitioners that though the
defendantsrespondents have put in appearance and filed their
objection to the temporary injunction on 20.3.2009 but till date the
application is pending and has not been disposed of. It is further
submitted that the taking advantage of the fact, when the defendants
respondents started negotiation to transfer the suit property to the
outsider, another application dated 15.1.2010 was filed which has
been directed to be put up on the date fixed. Learned counsel for the
petitioners has also pointed out that criminal proceedings under
Section 420, 467, 468 & 471 I.P.C. were also initiated against the
defendantsrespondents and they challenged the same before this
Court by filing an application under Section 482 Cr.P.C. being
criminal misc. application no. 712 of 2009 wherein after giving an
undertaking by them that they are ready and willing to execute the
sale deed in favour of the plaintiffspetitioners after obtaining ‘No
Objection Certificate’ from the various authorities, their arrest were
stayed by this Court.
Considering the aforesaid facts, the writ petition is disposed of with
the direction to the Additional District Judge, Court No. 12,
Muzaffarnagar to decide the application for temporary injunction
moved by the plaintiffspetitioners in accordance with law after notice
and opportunity of hearing to all concerned within a period of six
weeks from the date of production of a certified copy of this order
before him.
In view of the fact that the defendantsrespondents have already
given an undertaking before this Court that after obtaining ‘No
Objection Certificate” they will execute the sale deed and on the
basis of the undertaking, an order has been passed directing them to
obtain ‘No Objection Certificate’ and execute the sale deed in favour
of the present petitioner till disposal of the temporary injunction, the
defendantsrespondents are restrained from alienating, transferring
or creating 3rd party interest over the suit property.
It is made clear that the court below shall decide the temporary
injunction application independently on its own merits without being
influenced by any observation made hereinabove.
Subject to aforesaid directions, the writ petition stands disposed of
finally.
Order Date :- 29.1.2010
nd
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