NIRVEL SINGH Vs. GURPAL SINGH

JUDGEMENT

(1.) The present writ petition is directed against the order dated 23.01.2019, passed by learned Additional District Judge, Anoopgarh, District Sri Ganganagar (hereinafter referred to as 'the Trial Court'), whereby order dated 30.11.2018, passed by learned Senior Civil Judge, Anoopgarh, District Sri Ganganagar has been affirmed.

(2.) Briefly narrated the facts appertain, are that petitioner instituted a suit for specific performance of agreement to sell dated 21.06.2000 and another agreement executed by the defendant's alleged power of attorney (vendor's husband) on 27.04.2002. Along with the suit aforesaid, the petitioner had also filed an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure with a prayer that till disposal of the suit, the defendants be restrained from alienating or transferring the disputed property.

(3.) The petitioner's application for grant of temporary injunction was rejected by the Trial Court inter alia observing that the defendant No. 1 was not conferred power to execute sale-deed under the power of attorney and that there was a prohibition of transfer of the disputed land, which was allotted to the defendant as 'Pong Dam oustee'.