SOHAN LAL Vs. PREM CHAND

JUDGEMENT

(1.) This petition is directed against the order of the Additional District Judge, Kurukshetra, dated October 26, 1982, whereby the temporary injunction restraining defendant Nos. 4 to 6 from dispossessing the plaintiffs from the suit property, was passed, in appeal, though the trial Court had refused to grant such an injunction.

(2.) Admittedly, Sohan Lal, Mohan Lal and Ved Parkash, defendant Nos. 4 to 6, filed the suit for possession of the suit property which was decreed by the trial Court on November 10, 1970, on payment of Rs. 20,000/-. Ultimately, the regular second appeal which had arisen out of the said suit, filed in this Court on behalf of the defendants, was dismissed on January 20, 1982, and thus, the said decree passed by the trial Court was maintained. However, during the pendency of the appeal in this Court, the plaintiffs in the present suit, entered into an agreement of sale with respect to the suit property, on November 3, 1981, and, thus, they claimed themselves to be in its possession in part performance thereof. On these allegations, the plaintiffs filed the suit for the grant of the permanent injunction. Along with it, they also filed an application for the grant of an ad interim injunction as to restrain defendant Nos. 4 to 6 from executing the decree passed in their favour and dispossessing them in execution thereof. The application was resisted on behalf of the defendants, i.e., Sohan Lal and others. Therein, the trial Court ultimately, declined the grant of the ad interim injunction as prayed for by the plaintiffs with the following observations, -

(3.) On the last date of hearing, the case was adjourned to find out the stage of the suit in the trial Court. It has been stated at the bar that the suit is still at the initial stages. Issues were framed in November, and the case has now been fixed for February 1984, for the evidence of the plaintiffs.