SABIR ANSARI Vs. BISHNU MANDAL,

JUDGEMENT

(1.) THIS Miscellaneous Appeal is directed against the order dated 30.04.2010 in Title Suit No. 73 of 2004 whereby the injunction petition filed by the Plaintiff/Appellant dated 11.05.2009 has been rejected and by the same order the injunction petition filed by Defendants dated 22.03.2010 has been allowed and Plaintiff/Appellant is directed to maintain status quo regarding the suit property.

(2.) IT is submitted by Sri Sudarshan Srivastava, learned Counsel for the Appellant that the learned court below had given certain findings which will prejudice the Appellant while proving his case at the stage of trial. It is submitted that in plaint, Plaintiff/Appellant had made averments that he approached Defendants' father as well as Defendants for execution of sale deed in compliance of agreement entered between them in the year 1994, but the Defendants' father as well as Defendants are not willing to execute sale deed. Hence, the present suit has been filed.

(3.) SRI Srivastava had produced certified copy of Plaint for my perusal. In the Plaint, there is vague statement that Appellant is willing to perform his part of the contract, but in the said Plaint, no averment made as to when Plaintiff tendered amount to the Defendants and/or his father for execution of sale deed.