GIRISH SHRIVASTAVA Vs. N K PATERIA

JUDGEMENT

(1.) HEARD on merits This is an appeal preferred by the defendants against the order passed on 13/04/2010 by Second Additional District Judge, Jabalpur in Civil Suit No. 38-A/2005, whereby the court below has granted temporary injunction.

(2.) AT the time of hearing counsel appearing on behalf of the respondent no. 1/plaintiff Shri R.K. Sanghi took notice and the matter was heard finally. I.A. No. 5242/2010 is application for dispensing with the services of notice on the respondent no.2, since the original plaintiff appears who is contesting the suit, therefore I.A. is allowed and notice to other respondent is dispensed with.

(3.) IT was contended by the defendants that Mr. Dissoja was not the exclusive owner of the property and the agreement was executed by him without their knowledge, therefore, it was the case that the said agreement is not binding on them. IT was also stated that since the agreement is notarized and the possession of the land has already been taken over by the plaintiff, therefore it becomes a conveyance within the meaning of Stamps Act. The question with regard to the limitation was also raised because the civil suit was filed on 06/04/2005, though the agreement was executed on 28/05/2002. The trial Court considered the application for interim injunction and while considering the same the court has taken into account the prima facie case, balance of convenience, and the irreparable loss. The Court has ultimately directed that the land in question was not be sold to any person and against the said order the present M.A is filed.