HARISH BULCHAND TEJWANI Vs. NANDLAL HAKIKATRAI MOTWANI

JUDGEMENT

(1.) By this appeal against order preferred under Order XLIII Rule 1(r) of the Code of Civil Procedure, the legality and validity of grant of interim injunction passed below order Exh.5 on 26.9.2014, in Special Civil suit No.83 of 2013, by learned Civil Judge Senior Division, Akola is questioned before this Court.

(2.) According to learned counsel for the appellant/defendant, interim injunction order restraining the appellant/defendant, his agents, servants, representatives or any other persons claiming through him from alienating, transferring or creating third party interest in the suit property pending disposal of Special Civil suit No.83 of 2013 ought not to have been passed

(3.) It appears that the suit property as alleged by the respondent/plaintiff was owned and possessed by the appellant/defendant who shifted to Ulhasnagar, District Thane. The appellant/defendant was searching prospective purchaser for the suit property whereas respondent/plaintiff needed to purchase the same. Thus, there was suit transaction in the nature of agreement to sell (Isar Chitthi). The sum of Rs.1.51 Lacs was paid as earnest money by way of Cheque as the appellant/defendant agreed to execute the sale deed of the suit property within six months. It also appears that there was prior legal notice from the respondent/plaintiff on 29.8.2013 whereby the appellant/defendant was called upon to execute the sale deed after receiving the notice and after accepting the balance consideration in the sum of Rs.4.49 Lacs but the said notice was returned as "Not Claimed".