CHIRONJI LAL GARG Vs. MOHAN SINGH CHOPRA

JUDGEMENT

(1.) The plaintiffs in a suit for specific performance of agreement to sell dated 4th October, 1993 have in this application filed under Order 39 Rules 1 and 2 of the Code of Civil Procedure prayed for an order of injunction restraining defendants 1 and 2 from entering into agreement of sale, parting with possession or creating third party interest in respect of property No'.B-7/5, Safdarjung Enclave, New Delhi. In addition, the plaintiffs had also prayed for restraining defendant No.3 from selling by way of auction or otherwise the said property for recovery of the amount due from defendant No.l.

(2.) An ad interim ex parte order of injunction, as prayed, was granted on 14th March, 1995 against defendants I and 2. In so far as defendant No.3 is concerned, the order, as prayed, was passed subject to plaintiffs' depositing a sum of Rs.50,00,000.00 in the Registry of this Court by 20th March, 1995.

(3.) That on 31st July, 1995, it was stated at the bar that plaintiff had not deposited the said amount of Rs.50,00,000.00 as per order dated 14th March, 1995. It was observed that since the amount had not been deposited, the order passed on 14th March, 1995 as against defendant No.3 had become inoperative. The fact that amount of Rs.50,00,000.00 was not deposited was also confirmed by learned counsel for the plaintiff on 14th March, 1995.