SHARDA Vs. NARESH KUMAR

JUDGEMENT

(1.) BY the impugned order dt. 23.01.2014 in the present suit filed by the plaintiff/respondent, Naresh Kumar, the learned Court below has granted temporary injunction in favour of plaintiff directing the defendant to maintain status quo with respect to plot or land in question in the present suit for specific performance. Mr. M.C. Bishnoi, learned counsel for the appellant/defendant has submitted that the defendant has even denied the existence of valid agreement itself claimed to be executed on 17.01.2005 for a sum of Rs. 1,15,000/ -, against which only an advance sum of Rs. 35,000/ - was given to the father -in -law (Sh. Gaurishanker) of the defendant which was in fact only a loan. He also submitted that construction being raised by the defendant has been stopped under the impugned order, whereas the plaintiff has no right to restrain the defendant from going ahead with the construction and possession of the land was never handed over to the plaintiff. The disputed plot ad -measuring 709.5 Square Meters, is situated at Gamadwada Mohalla, Sagwara, District Dungarpur.

(2.) ON the other hand, Dr. Sachin Acharya, learned counsel for the respondent/plaintiff submitted that the possession of the plot in question was given to the plaintiff at the time of execution of agreement itself and thus the defendant has no right to go ahead with the construction being raised on the plot in question, which will remain subject to the final decision of the suit.