(1.) This appeal from order has been preferred by the appellant/plaintiff against the order dtd. 19/7/2023 passed by 1st Additional Senior Civil Judge, Dehradun, whereby the application paper no.6C2 for temporary injunction has been dismissed.
(2.) Learned counsel for the appellant/plaintiff would submit that the Trial Court, vide its order dtd. 8/2/2023, had granted ex parte interim injunction in favour of the appellant/plaintiff thereby restraining the respondent/defendant from interfering in the peaceful possession of the suit property and dispossessing the appellant/plaintiff without due process of law, however, subsequently by the impugned order dtd. 19/7/2023, application for temporary injunction was dismissed on the ground that the MoU is unregistered and the same has been executed on the next day i.e. 2/6/2022 after the execution of the sale deed on 1/6/2022.
(3.) Learned counsel would draw attention of this Court to the MoU dtd. 2/6/2022 (Annexue-1 to the supplementary affidavit dtd. 26/7/2023) wherein it is stated that the sale deed was executed on 1/6/2022 for consideration of Rs.2,80,00,000.00, however the actual consideration amount was Rs.3,40,00,000.00 and it was agreed between the parties that the respondent/defendant will pay the remaining amount of Rs.60,00,000.00 which he also admitted to pay.