DAVENDER KUMAR SHARMA Vs. MOHINDER SINGH

JUDGEMENT

(1.) (Oral) 1. Exemption allowed, subject to all just exceptions. The appellant assails the order dated 16.07.2012 passed by the learned Single Judge in I.A. No.404/2012 (under Order 39 Rule 1 and 2 CPC) preferred by the plaintiff, and I.A. No.8907/2012 (under Order 39 Rule 3 and 4 CPC) preferred by defendant nos.1 to 10. The learned Single Judge has dismissed the plaintiffs/appellants application to seek interim injunction under Order 39 Rule 1 and 2 CPC by the impugned order and, consequently, the other interim application stands allowed.

(2.) THE appellant has filed the aforesaid suit to seek specific performance of the agreement to sell executed between the parties. The case of the appellant is that vide agreement to sell dated 14.03.2011, and memorandum of understanding (MOU) of the same date, defendant nos.1 to 10, who are jointly the owners of property No.MPL No.WZ-14-C, built on Ahata No.40 admeasuring 200 sq. yds. out of khasra nos.217, 218, 219 and 220, Manohar Park, Delhi had agreed to sell to the plaintiff rights in the said immovable property for a total consideration of Rs.95 lacs.

(3.) THE appellant preferred the aforesaid application under Order 39 Rule 1 and 2 CPC alongwith the suit to seek interim injunction against the respondents to restrain them from dealing with the suit property. The respondents also moved an application for vacation of the ad-interim injunction, being I.A. No.8907/2012. Both these applications were disposed of by the impugned order.