Sunil Ambwani, J. - (1.) HEARD Shri Salil Kumar Rai for the petitioner. Shri P.N. Saxena, Senior Advocate appears for the respondents.
(2.) THE plaintiff-petitioner filed Original Suit No. 451 of 1993, Raghuvir Singh v. Smt. Prabhawati Devi and others, for permanent injunction restraining the defendant, first set, from interfering in his rights on the suit property given at the foot of the plaint, on the allegations that he had purchased 3/4th portion of Plot No. 2602 area 0-7-1 Dhoor and Plot No. 2603 area 0-6-14 and Plot No. 2849 situate at Mauja Basti Khas Tappa Haveli Pargana Basti from Abdul Rauf son of Sardar Khan; Rais Ahmad son of Abdul Majid and Ashiq Ali son of Mohd. Saleem by a sale deed dated 22.2.1985 and was given possession of the property. He is continuing in possession since, thereafter. THE defendant third set namely Manuddin and others (defendant Nos. 7 to 12) have sold their 1/4th portion in the same property in favour of Smt. Prabhawati; Heera Lal and Shravan Kumar, the defendant-first set. It was stated that after purchasing the land the plaintiff constructed the boundary wall and two rooms after getting the shallow land of the plot filled up by earth work. THE defendant first set made an attempt to interfere in his rights giving rise to the cause of action to the plaintiff on 9.5.1993 to file the suit. The trial Court issued notice and granted an interim injunction on 10.5.1993 directing the defendants to maintain status quo and restraining them to demolish the construction or to dispossess the plaintiff except in accordance with law. The plaintiff was required to comply with-the provisions of Order 39 Rule 3, CPC within 24 hours. It is alleged that in the garb of the interim order the plaintiff, who was not in possession of the property took possession with the connivance of the police officers. The respondent-defendant put in appearance in the suit on 2.7.1993 but did not file objections. The defendants sought adjournments on 9.7.1993; 20.7.1993 and on 15.9.1993. On 25.10.1993 the defendant first set filed an application for restitution of possession on the property on the allegations that the plaintiff, after having obtained the interim order dispossessed the defendant from the land in dispute.
(3.) ON 24.4.1995, the plaintiff-petitioner filed an application on 24.4.1995 for permission to withdraw the suit. The trial Court allowed the application on 25.5.1995. By the same order the trial Court allowed the application for restitution and directed the plaintiff-petitioner to hand over the possession of the suit property to defendant-respondent. The plaintiff filed a Civil Revision No. 123 of 1995, which was dismissed on 23.9.1996, giving rise to this writ petition. Prior to this litigation, an Original Suit No. 359 of 1983 was filed by Samsuddin and Gayasuddin against Abdul Rauf, Rais Ahmad Khan and Ashiq AH for temporary injunction restraining the defendants from alienating the suit property. The defendants were directed to maintain sfafus quo. The defendants, however, sold the suit property on 5.9.1983. The plaintiff-petitioner Shri Raghuvir Singh filed an application for impleadment in this suit on 13.1.1984 and for cancellation of sale deed dated 5.9.1983, executed by Samsuddin and Gayasuddin in favour of Prabhawati Devi and others. Subsequently an agreement to sale was executed in favour of the plaintiff and that plaintiffs in Original Suit No. 359 of 1983 executed a sale deed of the property described as above in favour of the plaintiff-petitioner on 22.2.1985. The impleadment application filed by the petitioner in this suit on 17.7.1985 was allowed on 1.8.1986. A Civil Revision No. 216 of 1986 was filed against the order allowing the impleadment application. The revision was dismissed, against which a Civil Misc. Writ Petition No. 25214 of 1988 was filed in which the proceedings of the Original Suit No. 359 of 1983 were stayed. The interim order is still operative.;