NIRANJAN SINGH Vs. RAJESH KUMAR

JUDGEMENT

(1.) The present appeal has been filed under Order 43 Rule 1 of Code of Civil Procedure challenging the order dated 8.4.11 passed by the Addl. District Judge No.1, Bharatpur (hereinafter referred to as 'the trial court') in Misc. Civil Case No. 27/11, whereby the trial court has partly allowed the application for temporary injunction filed by the respondent plaintiff.

(2.) In the instant case it appears that the respondent happens to be the son of appellant No.1 and the brother of appellant No.2. The respondent plaintiff has filed the suit seeking specific performance of the agreement allegedly executed by his father i.e. appellant No.1 on 26.8.09. In the said suit the respondent-plaintiff had also filed an application seeking temporary injunction, which was resisted by the appellants-defendants contending interalia that the agreement for sale was forged for which an FIR was also lodged against the plaintiff. The trial court after hearing the learned counsels for the parties partly allowed the application for temporary injunction by the impugned judgment dated 8.4.11 and restrained the appellants-defendants from selling the property in question till the pendency of the suit. Being aggrieved by the said order, the present appeal has been filed.

(3.) It has been sought to be submitted by the learned counsel Mr. N.K. Singhal for the appellants that the suit filed by the respondent-plaintiff was the abuse of process of law and that he had sought specific performance of the agreement, which was a forged document and for which an FIR was also registered by the appellant No.1. He has submitted that the respondent-plaintiff has no right in the property in question and therefore the appellants could not be restrained from selling or dealing with the property in question.