OMPRAKASH Vs. SATISH KUMAR

JUDGEMENT

(1.) The present miscellaneous appeal has been filed challenging the order dtd. 19/2/2024 passed by the Court of Additional District Judge No. 2, Sri Ganganagar ("Learned Trial Court"), whereby the application filed by respondents-plaintiffs under Order 39 Rules 1 and 2 CPC was allowed and a temporary injunction was granted in their favour and against the appellants-defendants.

(2.) Explaining the background facts, it is stated that a suit for specific performance of the agreement to sell dtd. 15/10/2022 was filed by respondents-plaintiffs on 27/2/2023, wherein a decree of permanent injunction was also prayed for. Alongwith the said suit, an application under Order 39 Rules 1 and 2 CPC was filed, mentioning therein that the defendants had executed an agreement to sell in favour of the respondents-plaintiffs to the extent of their share in the land in question (details of which are mentioned in para no. 2 of the appeal). It was stated in the application that the plaintiffs had already discharged their obligations under the said agreement to sell and were ready and willing to get the sale deed executed in their favour, however, the defendants have refused for the same. Therefore, the suit alongwith the application under Order 39 Rules 1 and 2 was filed.

(3.) The said application under Order 39 Rules 1 and 2 was contested on behalf of the appellants -non applicants, stating therein that although some amount had been voluntarily deposited in the bank account of the appellants by the respondents-plaintiffs, the same had already been paid back. The factum of execution of sale deed was also disputed on behalf of the appellants. Despite this, learned trial Court passed the impugned order dtd. 19/2/2024 and, by way of temporary injunction, directed the parties to maintain status quo with regard to the land in question and further restrained the appellants from selling, mortgaging or otherwise alienating the land in question.