Patna High CourtC.Misc./74/2016dismissed

Mohamad Ali @ Bachu Babu @ Bachchu v. Sheo Kumari Devi And ORS

2016-08-02Mr. Justice Mungeshwar Sahoo2 pages

Patna High Court C.Misc. No.74 of 2016 (2) dt.02-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.74 of 2016 ====================================================== Mohamad Ali @ Bachu Babu @ Bachchu .... .... Appellant/s

Versus

Sheo Kumari Devi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Satya Prakash For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 02-08-2016 Heard the learned counsel, Mr. Ajay Kumar Singh for the petitioner.

Both the Courts below allowed the injunction application filed by the plaintiffs-respondents and restrained the petitioner from transferring the suit property during the pendency of the suit. It appears that the plaintiffs-respondents filed mortgage suit for directing the defendant-petitioner to receive the consideration amount and hand over the mortgage deed to the plaintiff and also prayed for recovery of the possession of the property. During the pendency of the suit, the plaintiffsrespondents filed application for injunction under Order 39 Rule 1 and 2 praying for restraining the petitioner, who was defendant in the Court below, from transferring the property to strangers. The trial court allowed the injunction application. On appeal, the appellate court confirmed the order of the Court below.

Patna High Court C.Misc. No.74 of 2016 (2) dt.02-08-2016 The grievance of the petitioner is that none of the ingredients for grant of injunction has been considered by the Courts below and the petitioner has been restrained from transferring the suit property. However, at the time of hearing of this civil miscellaneous application, it was submitted by the petitioner that he is ready to transfer the property. It is also submitted that prior to filing this suit, the petitioner has already sold 2 kathas of the land.

In view of the factual position that the petitioner has already sold 2 kathas of land and he is also ready to transfer the other properties, the Courts below have rightly restrained the petitioner from transferring the suit property, may be under Section 151 C.P.C.

Thus, this civil miscellaneous application is dismissed. (Mungeshwar Sahoo, J) Saurabh/- U