JUDGMENT :

D.Y. CHANDRACHUD, J.

1. Leave granted.

Civil Appeal No. 9065 of 2019 and SLP (C) No. 11811 of 2017

2. This appeal arises from the judgment of a learned Single Judge dated 6 January, 2017 at the Nagpur Bench of the High Court of Judicature at Bombay in a Second Appeal. The High Court came to the conclusion that the suit for specific performance instituted by the Appellant was barred by Order 2 Rule 2 of the Code of Civil Procedure, 1908 "CPC" since the Appellant had instituted an earlier suit for injunction. The courts below have noticed that while instituting the earlier suit, it was in the contemplation of the Appellant that a suit for specific performance of the agreement to sell would be instituted, in spite of which no leave of the Court was sought Under Order 2 Rule 2(3) of the Code of Civil Procedure. This appeal thus arises from the concurrent findings which have been recorded by the Trial Court, the First Appellate Court and by the High Court in Second Appeal holding the suit to be barred.

3. The facts on which the appeal arises are as follows (parties will be referred to by their descriptions in the suit):

The subject of the dispute is agricultural land bearing Gat.