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Judgment
On 7.10.2016, following order was passed by this
Court:-
"By referring to recital of sale deed dated
21.01.2014, learned senior counsel for the petitioner
contends that the effort of respondent No.1 is to
wriggle out from the obligation to pay maintenance to
mother of the petitioner. The vendee Roshan Lal is a
partner with respondent No.1 in M/s Neelkanth
Trading Company, New Grain Market, Radaur. Recital
of the sale deed is suggestive of collusive nature of
transaction.
Learned senior counsel further contends
that the findings recorded by the lower Appellate
Court (i.e. even if the properties proved to be Joint
Hindu Family Coparcenary property, the karta of the
family cannot be restrained from alienating the suit
land) would certainly circumvent the provision of
Hindu Adoption & Maintenance Act, under which
mother of petitioner has already filed a suit for
maintenance. Factum of alleged legal necessity is a
debatable issue.
Notice of motion for 18.11.2016.
Till the next date of hearing, status quo
regarding alienation over the suit property be
maintained."
After arguing this case for some time, learned counsel
for both the parties have submitted that let the order of status
quo regarding alienation be made absolute during pendency of
the suit and the trial Court be directed to decide the suit by
making all possible endeavour at the earliest.
Both the parties are ad idem that they will not avail
more than three opportunities henceforth for leading evidence
and would assist the trial Court in early disposal of the suit itself.
In view of above understanding, the order dated
7.10.2016 is made absolute and the same shall remain in force
during pendency of the suit. However, trial Court is directed to
dispose of the suit itself preferably within a period of eight
months by giving short adjournments to the parties for producing
their evidence.
Petition stands disposed of.