MANOJ KUMAR AGARWAL Vs. DULARI BAI

JUDGEMENT

(1.) This appeal is directed against the order dated 21-4-2005 passed by Additional District Judge Dhamtari, in Civil Suit No. 9A/2005 whereby the application filed by appellant under Order XXXIX Rule 1 & 2 read with Section 151 of the CPC for grant of temporary injunction, has been rejected.

(2.) Appellant filed a suit for specific performance of contract and possession inter alia on the ground that respondent No. 1 entered into an agreement to sell the suit land bearing Khasra No. 1675/5 area 0.15 acre with the appellant on 13-10-2004, who after receiving Rs. 11,000/- towards earnest money executed the agreement deed, thereafter, appellant repeatedly requested respondent No. 1 to execute the sale but she avoided it and even when registered notice was sent to her, she refused to accept it. During the pendency of the suit, respondent No. 1 sold the suit land by a registered sale deed to respondent No. 3 on 29-1-2005. Hence, he was also made a party in the suit. An application under Order XXXIX Rule 1 & 2 read with Section 151 was filed by the appellant for grant of temporary injunction against respondent No. 3. Respondent No. 3 denied the claim and stated that no agreement to sell the suit land has been executed by respondent No. 1 in favour of the appellant. He further stated that he is the absolute owner of the suit land, therefore, no injunction against him can be passed.

(3.) Learned Court below, from the material on record, held no prima facie case, principle of balance of convenience and irreparable loss in favour of the appellant. Therefore, vide impugned order, dismissed the application.