GURLAL SINGH Vs. SHAHEEN PARVEEN AND ORS.

JUDGEMENT

(1.) AGGRIEVED by order dated 22.05.2012 in Misc. Case No. 11 of 2011 whereby the said case has been "admitted", the present writ petition has been filed.

(2.) THE brief facts of the case are that, the petitioner namely, Gurlal Singh filed Title Suit No. 93 of 2002 seeking mandatory injunction against the defendants. The claim of the petitioner/plaintiff is based on a sale deed executed in the year, 23.01.1991 and the cause of action arose when the defendants tried to demolish the boundary wall of the petitioner. The suit was decreed on 26.04.2003. The petitioner filed Execution Case No. 05 of 2004 in which an affidavit dated 21.09.2011 was filed by the petitioner -plaintiff confining his claim in respect to the suit schedule property to the extent of 6.17 kathas out of the total area of 14 kathas in Plot No. 585. An application dated 25.08.2011 was filed by the respondent No. 1 -objector on the basis of the sale deed dated 30.09.2002 executed by the defendant No. 3 and the sale deed dated 25.05.2004 executed by the plaintiff. The said application has been "admitted" for hearing vide order dated 22.05.2012. Aggrieved, the petitioner has approached this Court by filing the present writ petition.

(3.) MR . Vikash Kishore Prasad, the learned counsel for the petitioner submits that, from the facts disclosed by the objector in his application dated 25.08.2011 it is apparent that the objector is claiming through the performa defendant No. 3 in so far as, the land comprised in sale deed dated 30.09.2002 is concerned. It further appears that the objector has also laid a claim with respect to 7.03 kathas land in the suit schedule property on the basis of the sale deed executed by the petitioner on 25.05.2004. In the Execution Case the petitioner -plaintiff filed an application dated 21.09.2011 restricting his claim to 6.17 kathas in the suit schedule property and it has been admitted by the petitioner that out of 14 kathas of land in suit schedule property, 7.03 kathas has been sold to one Shaheen Parveen, who is the objector in the present case. It is thus submitted that, the said objector is claiming through the performa defendant No. 3 who is the judgment -debtor and the sale deed executed by the performa defendant No. 3 is dated 30.09.2002, which was executed during the pendency of Title Suit No. 93 of 2002. Relying on a decision in "Silverline Forum Pvt. Ltd. Vs. Rajiv Trust and Another" reported in : (1998) 3 SCC 723, the learned counsel for the petitioner submits that, the application dated 25.08.2011 filed by the objector was liable to be dismissed at the threshold however, the same has been "admitted", erroneously and therefore, interference of this Court is warranted.