SALEEMA Vs. HABIBULLAH

JUDGEMENT

(1.) The three contesting respondents have filed suit for specific performance and injunction in respect of 41 Kanals and 18 Marias of land situated at Rakh Shilwat Tehsil Sonawari District Baramulla, more specifically referred in para 2 of the plaint, on plaint averments that three agreements to sell have been executed on 12-9-2002 by appellant defendants in their favour. They have been put in possession of the land. Over 16 Lakh Rupees stand paid as consideration to defendants. As defendants are avoiding to execute the sale deeds and are helt bent to interfere with plaintiffs possession over the land, hence this suit.

(2.) Alongside an application for temporary injunction was also filed. The trial Court of District Judge Baramulla gave a provisional direction requiring defendants "not to cause any Interference in the suit property." This direction of December 13, 2004 is subject to objections. The defendants appeared and filed objections. The trial Court after hearing the parties made the above provisional ad-interim direction absolute and restrained defendants, pending suit from causing any Interference with the possession of the plaintiffs over the suit property. This order of May 12, 2004 is Impugned in this appeal.

(3.) I have heard the Ld. Counsel for the parties and examined civil original suit file available on record besides the Impugned order is perused.