RAJ KUMAR SHARMA Vs. AMARDEEP KAPOOR SINGH

JUDGEMENT

(1.) The instant civil misc. appeal has been filed by the appellant/ plaintiff under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 with the prayer to quash and set aside the order dtd. 28/11/2024 passed by the Court of learned Addl. District and Sessions Judge No.9, Jaipur Metropolitan-II (for short 'the court below') in Temporary Injunction Application No. 52/2024 (CIS No. 445/24) whereby the court below dismissed the application for temporary injunction and also to allow the said application.

(2.) The facts of the case in brief are that the applicant/plaintiff filed a civil suit for specific performance of agreement/ receipt dtd. 9/10/2022, cancellation of sale deed and permanent injunction, along-with an application for temporary injunction in regard to the land situated in different khasras, total land ad-measuring 1.7600 hectare (hereinafter to be referred to be 'disputed land') situated at Revenue Bagru Khurd, Patwar Halka Bhambhoria, Tehsil Sanganer, District Jaipur in the name of respondent No.1 in the revenue record. The respondent/ defendant No.1 agreed to sale his agricultural land in lieu of total sale consideration of Rs.1,42,05,000.00 on 9/10/2022 and received the advance of Rs.2,00,000.00 at the time of execution of agreement/ receipt dtd. 9/10/2022 from the appellant and rest of sale consideration was to be paid within five months. Thereafter, the appellant transferred the sum of sale consideration on 11/10/2022 through RTGS Rs.15.00 lakh in the account of respondent No.1. As per the agreement dtd. 9/10/2022 the total sale consideration was to be paid within a period of five months to the respondent No.1 and after receiving the entire sale consideration by the respondent No.1, he was to execute a registered sale deed in favour of the appellant within the stipulated period.

(3.) When service of notices could not be effected upon the respondents/ defendants then appellant moved an application before the court below for publication of the notices in the daily newspaper, which was allowed. Despite publication of the notices in the newspaper, the respondents No.1 to 3 did not appear before the court below which resulted into initiating ex-parte proceedings against the respondents / defendants No.1 to 3 and vide order dtd. 28/11/2024 the court below dismissed the application for temporary injunction filed by the appellant/ applicant.