ZEEBUNNISA BEGUM Vs. SEVEN HILLS REAL ESTATE

JUDGEMENT

(1.) THOUGH ordinarily, any attempted dealing with the property forming the subject matter of the Suit pending disposal of the Suit, would be subject to the final result of the Suit and in that sense, it may not be necessary to grant an injunction, it is seen in this case that the appellant has no intention of retaining the property with her, but has clearly manifested an intention to develop the property and selling it to third parties by entering into an agreement with another party in December, 1987. We have therefore to take into consideration the rights of the several innocent third parties also, who are likely to invest their hard earned money in the purchase of either houses or flats which may be promoted by the appellant. Interests of justice certainly require that the third parties should be prevented from entering into the vicissitudes of this litigation, who would be the losers, if the appellant is allowed to implement her intention in the matter of the development of the property and selling it to third parties either as houses or even as flats and the Suit is eventually decreed. We agree with the learned Judge that on the facts and in the circumstances of the case, the appellant should not be permitted to do so and she was rightly injuncted from alienating or otherwise disposing of the property or even altering the physical features of the property pendente lite. We therefore dismiss the Appeal. No costs.

(2.) IN order that the rights of parties may be known to them as early as possible and to enable the parties to exploit the property to their best advantage, it is desirable that the Suit itself is tried and disposed of as early as possible preferably before the end of August, 1989. Counsel on both sides assure us that they will co-operate with the Court and give their assistance to such disposal and the direction for the disposal as given above is only pursuant to the assurance so given by the counsel.