KHODIYAR DEVELOPERS Vs. VINAY BHASIN

JUDGEMENT

(1.) Admit. By consent heard forthwith.

(2.) The order which is impugned in this appeal is dated 06.11.2007 granting a temporary injunction against the respondent No. 4 and 5 from executing any sale deed in favour of the appellants creating third party right in respect of the suit property and carrying on any construction or development thereon. The respondent No. 1, 2 and 3 were the original plaintiffs, the respondent No. 4 and 5 were the original defendant No. 1 and 2 who are the vendors. The appellant herein was the defendant No. 3.

(3.) The plaintiffs claim to have entered into an agreement on 04.02.2006 with the defendant No. 1 and 2. The agreement is titled "Points of discussion." There are several points of discussion and typed on two sheets of paper, initialled by five parties on page 1 and signed by each of them on page 2. The agreement between the parties is in respect of the suit property. The agreement spells out the description of the suit property sought to be sold by the defendant No. 1 and 2, the consideration payable in cash as well as in kind to the defendant No. 1 and 2 for the said sale, development to be put up by the plaintiffs, the conveyance to be made by the plaintiffs and the stamp duty to be paid by them. The agreement also mentions the settlement with the mundkars in the suit property, the additional area for development of the property and the proposal to acquire the adjoining area. Based on these points a formal Memorandum of Understanding (MOU) was to be prepared within a period of 30 days.