BRIJ KUMAR AGGARWAL Vs. MUKUL GUPTA

JUDGEMENT

(1.) This appeal is directed against the order dated 17th January, 2003, of the Civil Judge, whereby the learned Judge has allowed an application under Order 32 Rule 1 and 2 CPC and has restrained respondent Nos. 3 to 6 herein from selling the ground floor flat of property No. 2-A, Commissioners Lane to the appellants herein or anyone else in violation of terms and conditions contained in agreement dated 17th October, 1978 and sale deed dated 29th September, 1979. He has further restrained the appellants herein from purchasing the same in violation of the terms and conditions of the agreement and sale deed.

(2.) The brief facts of the case, as has been noted by the Civil Judge, are as under :

(3.) It is contended by counsel for the appellants that the appellants are in no way buying any property in contravention of the agreement dated 29th September, 1979. Such is also the undertaking given by respondent Nos. 3 to 6 to this Court upon affidavit. That being so, I see no reason why the ground floor which otherwise does not belong and has not been purchased by respondent Nos. 1 and 2 should be injuncted from being transacted. In this view of the matter, I modify the order dated 17th January, 2003 by permitting the respondent Nos. 3 to 6 to sell ground floor to the appellants herein, subject to the sale deed dated 29th September, 1979. With this, FAO 112/2003 and 271/2003 are disposed of.