AHMAD RAZA Vs. SAPNA WADHWANI

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the appeal is heard finally.

(2.) This appeal under Order 41 Rule 1 (r) of the Code of Civil Procedure, 1908 (for short CPC) has been filed by the plaintiff being aggrieved by order dtd. 24/1/2023, passed by the learned Third Additional District Judge, Rajnandgaon, CG in Civil Suit No. 20-A/2022 by which the application of the plaintiff filed under Order 39 Rule 1 and 2 of CPC was rejected.

(3.) Facts of the case in brief are that the plaintiff and one Smt. Sapna Wadhwani and Smt. Mamta Jagwani resident of Sindhi Colony, Lalbagh Tahsil and District Rajnandgaon, CG entered into an agreement on 7/2/2020 with regard to a suit property comprised in piece of Khasra No. 350/2 area 0.90 and Khasra No. 350/3 area 0.29 acres total area 1.19 acres situated in P.H. No. 33 at Village Dhaba, Tahsil and District Rajnandgaon, CG for a consideration of Rs.30.00 lacs. Out of the said consideration, Rs.10.00 lacs as advance amount was paid. The sale agreement also purports that the possession of the suit land was also handed over. It is also stipulated in the sale agreement that between 7/2/2022 to 22/5/2022, the remaining sale agreement consideration would be received and registration would be done. When the defendants did not perform their part of agreement, the plaintiff filed a suit for specific performance of contract before the learned Court below. The plaintiff also filed an application under Order 39 Rule 1 and 2 of CPC for grant of interim injunction with a prayer that the defendants may be restrained from selling the suit land during the pendency of the civil suit and retraining the defendants from interfering the possession of the plaintiff. The suit was filed against the defendant Smt. Sapna Wadhwani, Amarlal Jagwani, Jatin Jagwani, Priya Jagwani and State of Chhattisgarh. The defendants entered their appearance before the learned trial Court and filed their reply to the application for injunction. It is the case of the defendants that no such agreement was ever executed by them. The agreement is forged and fabricated and on the date when the agreement was executed i.e. 7/2/2020, the scriber of the agreement Smt. Mamta Jagwani had already passed away on 24/4/2019 and a death certificate was also produced before the learned trial Court. Apart from this, the report of handwriting expert indicating that the signature of Mamta Jagwani in the sale agreement is forged and it is not signed by her.