GAURAV SINGLA Vs. GURMESH VIJ

JUDGEMENT

(1.) The instant revision petition has been instituted by the petitioner under Article 227 of the Constitution of India, invoking the supervisory jurisdiction of this Court, assailing the orders dtd. 19/9/2025 (Annexure P-1) passed by the learned District Judge, Fatehgarh Sahib, and the order dtd. 6/2/2025 (Annexure P-2) passed by the learned Civil Judge (Junior Division), Amloh, whereby the application filed by respondent No.1-plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (for short "CPC") was allowed, and the petitioner was restrained from alienating, transferring, mortgaging, leasing, or creating any third-party interest in the suit property during the pendency of the suit.

(2.) The essential factual matrix, as emerging from the record, is that a suit for specific performance of the agreement dtd. 27/7/2023 has been instituted by respondent No.1-plaintiff against respondent No.2/defendant No.1 as well as the petitioner/defendant No.2. It is pleaded that after execution of the agreement to sell between respondents No.1 and 2, respondent No.2 subsequently alienated the suit land in favour of the petitioner/defendant No.2 vide two alleged collusive sale deeds dtd. 19/10/2023, with an intention to defeat the rights of the plaintiff. Along with the suit, an application for interim injunction was also filed.

(3.) Having heard learned counsel for the respective parties at length, and upon a careful, comprehensive, and judicious perusal of the entire paper-book with the able assistance rendered the learned counsel for the contesting parties, this Court proceeds to record its considered findings.