UBEDULLAH KHAN Vs. MUSTHARIKHANUM

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the respondent Nos.1 and 2 though served with notice, remained unrepresented.

(2.) This appeal is filed against the order dtd. 10/11/2022 passed on I.A.No.1 in O.S.No.170/2022 on the file of the Senior Civil Judge and JMFC, Nanjangud, rejecting I.A. No.1 filed under Order 39, Rule 1 and 2 read with Sec. 151 of CPC.

(3.) Learned counsel for the appellant-plaintiff would contend that, when an application is filed before the Trial Court under Order 39, Rule 1 and 2 read with Sec. 151 of C.P.C. seeking the relief of temporary injunction restraining the defendants from alienating the suit schedule property and there was a sale agreement in favour of the appellant-plaintiff, the Trial Court rejected the application only on the ground that proper stamp duty is not paid on the sale agreement. Learned counsel for the appellant would vehemently contend that this Court vide order dtd. 10/4/2023 permitted the appellant- plaintiff to pay the stamp duty with penalty and accordingly, the same is paid. The counsel also would submit that the suit is filed for the relief of specific performance and agreement is also produced before the Court. Though the respondents- defendants have not filed any statement of objections and they are represented through counsel, without any defence, the Trial Court rejected the application.