D C BANSAL Vs. PUSHPA DEVI & ORS

JUDGEMENT

(1.) This Special Leave Petition is filed by the petitioner- plaintiff, aggrieved by the impugned judgment dated 11.11.2013 passed by the High Court of Uttarakhand at Nainital in Writ Petition No.2621 of 2013.

(2.) 'Petitioner-Plaintiff has filed the suit for specific performance of the agreement dated 30.07.1996. In the aforesaid suit, an application was filed by the petitioner-plaintiff under Order XXXIX Rule 1 of C.P.C. seeking temporary injunction restraining the respondents not to change the nature of the property, which was dismissed by the trial court and same was affirmed by the High Court.

(3.) Thereafter, the petitioner-plaintiff has filed another application under Sec. 151 of C.P.C. praying for injunction to restrain respondent nos.6 to 11 from putting up any construction on the property in question. The trial court dismissed the said application holding that respondent nos.6 to 11 are bona fide purchasers of the property as against which the petitioner- plaintiff approached the High Court. By the impugned order, the High Court disposed of the writ petition by observing that any construction made by respondent nos.6 to 11 on the property in question would be subject to the outcome of the suit. Being aggrieved, the petitioner-plaintiff is before us.