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G. S. AHLUWALIA
Ahamad Khan – Appellant
Versus
Bhaskar Ddatt Pandey – Respondent
ORDER
This petition under Article 227 of Constitution of India has been filed seeking the following reliefs:-
(Matter in Other Language)
2. It is submitted by counsel for petitioners that by order dated 18.4.2023 passed in Miscellaneous Civil Appeal No. 200/2022, the 4th District Judge Rewa has affirmed the order dated 03.11.2022 passed by 9th Civil Judge Junior Division Rewa in C.S. No. 302A/2015 by which the petitioners have been restrained from raising a construction over the land purchased by them.
3. It is submitted by counsel for petitioners that the suit was instituted by respondents in the year 2012 for declaration of title, partition, permanent injunction as well as for declaration of Will dated 20.04.2002 and 20.12.2011 as null and void as well as for declaration of mutation on the basis of Will is bad. Furthermore, to declare the saledeed dated 10.05.2012, executed by defendants No. 1 and 2 namely Smt. Vandana Pandey and Smt. Sudha Pandey in favour of Mohd. Sahid Ansari on 10.05.2012 as null and void and also for declaration of mutation on the basis of sale-deed as null and void. It is submitted by counsel for petitioners that Mohd. Sahid Ansari executed a sale-deed in re
Agreement to sell – Doctrine of Lis Pendens – Purchaser of property during pendency of suit cannot claim that he is a necessary party in pending suit – Although a coparcener or co-sharer can alienate....
Acquiescence to construction on the property can invalidate a claim for injunction against the defendants.
In joint family property disputes, co-sharers cannot commence construction without prior partition or demarcation to avoid future complications.
The main legal point established in the judgment is the requirement of a registered deed of conveyance for the transfer of immovable property, the preferential right to acquire property in certain ca....
The court clarified that a prima facie case requires a fair question giving rise to a triable issue, warranting injunction to prevent property alienation during litigation.
Joint family property laws establish that stranger purchasers cannot claim joint possession without acting on a valid legal foundation.
Temporary injunction—In order to succeed in application for grant of temporary injunction, plaintiffs are required to show not only existence of a prima facie and arguable case in their favour, but t....
Injunctions in suits for specific performance may be granted based on prima facie cases, despite property sales to third parties, per Sections 19(b) of the Specific Relief Act and 37 of the Indian Co....
A temporary injunction requires a prima facie case and balance of convenience, which the petitioners failed to establish.
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