Kailash Chandra vs Kamal Kumar

Dinesh Mehta, J

Instant application has been filed by the petitioner seeking modification of the order dated 10.11.2021 passed by this Court with a prayer that they may be allowed to retain the possession of the subject Shop, as by way of order passed by the District Court, Bhilwara on 25.05.2022, the defendants have been restrained from creating third party rights qua the property in question.

Learned counsel for the petitioner submitted that though the petitioner is bound by the undertaking which he has given, but if the premises is handed over it would be in contravention of the injunction granted by the trial Court on 25.05.2022.

Having regard to the nature of controversy involved in the suit in which the order dated 25.05.2022 has been passed and the fact that the respondent is defendant in the suit proceedings, this Court feels that the petitioner has to handover the possession to the respondent. The dispute as to who is the true landlord may be decided by the District Court in the suit pending before it. This Court does not find any reason to permit the petitioner to retain the possession of the subject shop till the suit (Rajesh Kumar & Ors. Vs. Kamal Kumar & Ors.) is finally decided.

The present misc. application stands disposed of.