HARMINDER SINGH Vs. NAZAM ALI

JUDGEMENT

(1.) THE challenge in this revision petition, preferred by Harminder Singh son of Jagjit Singh petitioner -defendant (for brevity "the defendant"), is to the impugned order dated 29.7.2013 (Annexure P7), by means of which, the application (Annexure P2) for ad interim injunction, under Order 39 Rules 1 & 2 read with Section 151 CPC, filed by Nazam Ali son of Shadi Ali and Shamshad Ali son of Nathu Khan respondents -plaintiffs (for short "the plaintiffs"), in the suit (Annexure P1) for a decree of possession by way of specific performance of the agreement to sell dated 8.5.2009, with a consequential relief of permanent injunction, was allowed by the trial Court and defendant was restrained from alienating the suit property in any manner till the disposal of the main case and order dated 12.12.2013 (Annexure P8), by virtue of which, his appeal was dismissed as well, by the appellate Court.

(2.) AFTER hearing the learned counsel for the petitioner, going through the record with his valuable help and after deep consideration over the entire matter, to my mind, there is no merit in the instant petition in this respect.

(3.) EX facie, the argument of learned counsel that since the defendant was ready and willing to perform his part of contract and issued the legal notice (Annexure P5) in this respect, so, the Courts below committed the legal mistake to allow the injunction application of the plaintiffs, sans merit.