MANOJ KUMAR Vs. MANGRU YADAV AND 4 OTHERS

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) This First Appeal From Order is directed against the order dated 1.8.2015 passed by the IX Addl. District Judge, Varanasi in Suit No.964 of 2014 by which the application (paper no.6C) filed by the plaintiff/appellant under Order 39 Rules 1 and 2 C.P.C. for injunction has been rejected.

(3.) Respondent nos.1 to 3 have entered into registered agreement for sale in respect of 0.418 hectare of land situated in Mauza Kadipur Pargana Shivpur District Varanasi for a consideration of Rs. 80,00,000.00. The appellant or his nominee was confirming party. In pursuance of agreement for sale deed dated 15.9.2012, 22 sale deeds were executed by the respondent nos.1 to 3 alongwith the appellant and the sale consideration was taken by them. Defedandant nos.1 to 3 and 5 executed registered sale deed in favour of defendant no.4 without making appellant as confirming party. The appellant gave notice to defendant to get cancellation of sale deed dated 29.1.2014. The appellant filed suit for cancellation of registered sale deed and also filed application 6C under Order 39, Rule 2 . The lower court rejected the application 6C filed by the appellant. It is against this order, the plaintiff/appellant has filed the instant appeal seeking cancellation of the sale deed for permanent injunction.