Plaintiffs challenging registered sale deeds nearly two decades later sought to prevent the purchaser in settled possession from building on the land.
Judge / Bench — Hon’ble Mr. Justice Sanjay Dhar, Judge
The courts below had prohibited alienation and third-party interests but permitted cultivation and construction subject to an undertaking to deliver vacant possession if the plaintiffs succeeded. The High Court declined interference under Article 227. Mere allegations that registered instruments were sham mortgages, unsupported by material at the interim stage, did not displace their strong presumption of validity or establish a prima facie case. The existing safeguards sufficiently balanced the parties’ interests on these facts. All three connected petitions were dismissed; the substantive title disputes remained for trial.
Case — Naresh Kumar and another v. Manohar Lal and others; connected matters · CM(M) No. 41/2023 c/w CM(M) Nos. 39/2023 and 38/2023 · 27 October 2026 · Jammu wing
Advocates appearing — Petitioners in the connected matters — Mr. J. P. Gandhi, Adv., with Ms. Sonam Sharma, Adv. Respondents — Mr. Manpreet Singh Saini, Adv.