SUDHIR AGARWAL Vs. SHAKIR KHAN

JUDGEMENT

(1.) HEARD Shri Pankaj Agarwal, learned counsel for the appellants/defendants (hereinafter referred as the appellants) and Shri R.U.Ansari, learned counsel for the plaintiff/respondent (hereinafter referred as the respondent).

(2.) THE instant appeal, filed under Order 43, Rule -1 (r) of the Civil Procedure Code is directed against the order dated 11th March, 2015, passed by the Additional District Judge, Court No.7 in Original Suit No.60 of 2004 (instituted in the Court of Civil Judge (S.D.) Saharanpur), whereby application under Order 39, Rules 1 and 2 and Section 151 of Civil Procedure Code praying therein grant of temporary injunction, has been allowed.

(3.) LEARNED counsel for the appellants submits that the aforementioned suit of the respondent for prohibitory injunction without seeking any relief for cancellation of sale deed, executed in favour of the appellants, is not maintainable and barred by Section 41 (h) of the Specific Relief Act. He further submits that court below has misinterpreted the judgment dated 4.5.2010 of this Court passed in Writ Petition No.40946 of 2005 whereby the respondent was directed to amend the plaint for seeking relief of cancellation of sale deed.