AJAY KISHORE LALL Vs. BINOD PRASAD

JUDGEMENT

(1.) Heard Mr. Pandey Neeraj Rai, learned counsel for the petitioners and Mr. P.A.S. Pati, learned counsel for the respondent.

(2.) The petitioners have preferred this writ petition for quashing the order dated 20.01.2015 passed by the District Judge-III, Bokaro in Civil Miscellaneous Appeal No. 16 of 2014, whereby, the order dated 08.08.2014 passed by the learned Civil Judge, Senior Division, Bokaro in Title Suit No. 29 of 2014 was upheld and the application filed by the petitioners under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure was rejected.

(3.) Petitioner no.1 entered into separate agreement for sale with the respondent and six others for their respective pieces of land for consideration amount of Rs.2 Lakhs for each plot. He further submits that in the agreement for sale entered into with the respondent, the respondent agreed to sell one such plot, which was his piece of land measuring 10 7/16 decimals situated at C.S. Plot No. 1688. In order to have delivery of possession free from all encumbrances at the time of sale, petitioner no.1 had to get the land measured and demarcated with the help of local administration, which he did at his own expense. This took almost two and half years. In the meantime, a company was formed by petitioner no.1, thereafter, petitioner no.1 requested different landowners to execute the agreement, which was avoided by them and they pressed for development agreement and also provided for sale of the land, but at different and higher consideration to be paid by petitioner no.1. Thereafter, the petitioners instituted Title Suit No. 29 of 2014 for specific performance of the agreement. In the suit, the petitioners filed an application under Order XXXIX Rule 1 and 2 C.P.C. for temporary injunction, which was rejected. Aggrieved with that rejection, civil miscellaneous appeal was filed before the District Judge-III, Bokaro, which was also rejected by the impugned order. Aggrieved with that order, the petitioners have preferred this writ petition.