AAGOSH POLYFOAMS PRIVATE LIMITED Vs. AJAY GROVER

JUDGEMENT

(1.) RESPONDENT Ajay Grover (plaintiff) filed suit against petitioner M/s Aagosh Polyfoams Private Limited (defendant) for specific performance of agreement to sell along with supplementary agreements regarding suit property. The plaintiff, by moving separate application, claimed temporary injunction to restrain the defendant from alienating the suit property during the pendency of the suit. Learned Civil Judge (Junior Division), Chandigarh, vide order dated 05.05.2006, dismissed the plaintiff's application for temporary injunction. However, appeal preferred against the same by the plaintiff has been allowed by learned Additional District Judge, Chandigarh, vide judgment dated 07.01.2008 (Annexure P- 7) and thereby, defendant has been restrained from alienating the suit property in any manner to any person except the plaintiff during the pendency of the suit. Application moved by the defendant for review of the said order has been dismissed by the appellate court, vide order dated 06.10.2008 (Annexure P-10). Defendant has filed the instant revision petition under Article 227 of the Constitution of India assailing judgment Annexure P-7 and order Annexure P-10 passed by the appellate court.

(2.) I have heard learned counsel for the parties and perused the case file.

(3.) IN view of the aforesaid, the instant revision petition is allowed and impugned judgment dated 07.01.2008 (Annexure P-7) and impugned order dated 06.10.2008 (Annexure P-10), passed by the appellate court, are set aside and application for temporary injunction filed by plaintiff/respondent is dismissed, subject to the condition that if during the pendency of the suit, defendant alienates the suit property in any manner i.e. by mortgage, sale, lease, gift etc., the defendant shall inform the alienee in writing by recital in the deed of alienation itself about the pendency of the suit and shall also, within one month of the execution of alienation deed, produce a copy thereof in the trial court. Nothing observed herein above shall effect the merits of the suit.