DHANI RAM Vs. OMWATI AND ANOTHER

JUDGEMENT

(1.) WITH the consent of the parties, the present writ petition is being disposed of at the admission stage itself without calling for a counter affidavit.

(2.) THE petitioner is a defendant and has filed the present writ petition against the grant of an injunction in favour of the plaintiff/opposite party No. 1. It transpires that the petitioner executed a power of attorney in favour of the opposite party No. 2, who in turn executed a sale deed in favour of his wife, opposite party No. 1 with regard to the agricultural land of the petitioner. When the petitioner came to know about this sale, he filed a civil suit for the cancellation of the sale deed on the ground of fraud which is pending consideration. The defendant No. 1 upon coining to know of the filing of the suit, also filed a suit for perpetual injunction and, in this suit, filed an application for the grant of a temporary injunction.

(3.) HEARD Sri Umesh Narain Sharma, the learned Senior Counsel assisted by Sri Chandan Sharma and Sri Ashok Mehta, the learned Counsel for the opposite party No. 1.