Court No. - 28 Case :- U/S 482/378/407 No. - 431 of 2010 Petitioner :- Smt. Rehana Begum & Another Respondent :- State Of U.P. Thur. Its Principal Secy, Home Deptt.& Another Petitioner Counsel :- Krishna Mohan Respondent Counsel :- Govt. Advocate Hon'ble Alok K. Singh,J.
Newly engaged learned counsel for opposite party no.3 may file his
vakalatnama in the office of this Court.
Heard the learned counsel for the applicants and learned A.G.A. who has put
in appearance on behalf of State, opposite parties nos. 1 and 2 and newly
engaged learned counsel for opposite party no.3 Smt. Mithlesh Kumari and
perused the material on record.
Let notice be issued to opposite party no.4 returnable at an early date.
Steps may be taken within seven days by registered post failing which the
interim order which is being passed herein below shall come to an end
automatically.
Let counter affidavit, if any, on behalf of opposite parties nos. 3 and 4 be filed
within a week. Rejoinder affidavit, if any, may be filed within a week
thereafter.
List immediately after expiry of the aforesaid period.
Learned counsel for the applicants points out that the applicant no.1 is a
bonafide purchaser for consideration whereas applicant no.2 is a marginal
witness.
It comes out from record that the vendor of applicant no.1 and opposite party
no.3 is a common i.e. Smt. Lalti Devi, opposite party no.4 who owns a land
measuring about more than two bighas. She executed the sale deed of a land
approximately one bigha in favour of first purchaser i.e. opposite party no.3.
Subsequently she executed a sale deed of lesser area i.e. about 102.88 sqmt. in
favour of applicant no.1. There are chances of some confusion because of no
demarcation on the spot.
In view of the above, as an interim measure it is provided that till the
pendency of this petition no coercive measure shall be taken against the both
the applicants.
Order Date :- 2.2.2010
PAL/