Nazma Khatoon and Others vs Bibi Halima Khatoon

Alok Singh

This application is moved by the defendants-appellants seeking permission to Implead Md. Sabir Hussain, son of Md. Manser Khan, resident of village Madarsa Road, Sisai, Thana Sisai, District Gumla as party respondent, in view of the fact that despite undertaking furnished by the learned counsel appearing for the plaintiff-respondent before this Court as recorded in order dated 19.02.2001, the plaintiff-respondent has sold the property in favour of Md. Sabir Hussain vide registered sale deed dated 24.05.2012. Although plaintiff or the appellant as the case may be is not under legal obligation to implead pendente-lite transferee a party, however, in view of the fact that transfer is made by the sole plaintiff, despite undertaking furnished before this Court as recorded in order dated 19.2.2001 transferee pendente-lite Md. Sabir Hussain may be permitted to be added as one of party respondent.

I.A. No. 2749 of 2012 is allowed. Let necessary amendment be carried out in the memo of parties during the course of the day.

I.A. No. 2042 of 2012

This is an application seeking ad-interim injunction.

Learned counsel appearing for the plaintiff- respondent contends that after vacation of the stay of the execution vide order dated 31.8.1998, plaintiff- respondent was put on the possession of the property in question by the Executing Court.

Learned counsel appearing for the appellants submits that plaintiff-respondent and her transferee, who has been permitted to be impleaded as party respondent today, are adamant to change the nature of the property on the spot and are threatening to raise construction on the spot by demolishing old structure. Learned counsel for the appellants further submits that transferee pendente-lite by plaintiff- respondent is although hit by principles of list-pendence and is in violation of the undertaking furnished before this Court by the learned counsel for the plaintiff-respondent as recorded in order dated 19.2.2001. However, they may be restrained not to create third party interest in the property in question and they may be directed to maintain the status quo on the spot.

Learned counsel appearing for the parties have agreed to argue the appeal finally and with their consent let appeal be listed for argument on 18.01.2013.

Till the next date of listing parties shall maintain status quo on the spot and no third party interest shall be created.

List this appeal for hearing on 18.1.2013. Let newly added respondent be served through special messenger in addition to normal mode of service, for which appellants shall take necessary steps during the course of the day.