JUDGMENT :

1. By the present Appeal from Order, the appellant is challenging the order dated 24.01.2023 passed by the Civil Judge Senior Division, Aurangabad in Special Civil Suit No.1186 of 2022 in Exh.5 application, whereby the Civil Judge Senior Division clamped injunction against the present appellant – original defendant, directing the defendant not to create third party interest in the suit property during pendency of the Special Civil Suit No.1186 of 2022.

Facts giving rise to the filing the present Appeal from Order can be briefly summarized as under:

2. The respondent – plaintiff is an agriculturist and deals in real estate. The appellant – defendant is the lawful owner and possessor of the land to the extent of 1 Hector 21 R. land out of Gat No.114/1 situated at village Nakshatrawadi, Aurangabad. The appellant – defendant entered and executed agreement to sell in favour of the respondent – plaintiff on 17.06.2002. As the defendant allegedly failed to perform her part of contract, the plaintiff filed Regular Civil Suit No.113/2014 for specific performance of contract and the said suit came to be dismissed. Against the said dismissal, Regular Civil Appeal No.287 of 2016 is filed and the same is still pending before the Ad-hoc District Judge-2, Aurangabad.

3. It is the case of the plaintiff that during the pendency of the said Appeal, the defendant and her husband approached to the plaintiff and offered to compromise the matter on payment of higher consideration amount for the suit land and to settle the matter once for all. The plaintiff considering his own old age and that of the defendant too and with a view to settle the old litigation agreed for the same. The defendant thereby entered into a new agreement with plaintiff vide notary registered agreement dated 07.05.2022 in presence of witnesses including her husband, her then lawyers and grand-son of the plaintiff for sale of the suit land.

4. It is further the case of the respondent – plaintiff that in terms of the agreement, the plaintiff has paid the defendant Rs.10,00,000/- vide cheque No.479446 drawn on Axis Bank on the very date of the agreement out of the agreed total consideration amount of Rs.1,11,00,000/- [One Crore and Eleven Lakh rupees only]. The total consideration amount was agreed to be fixed at Rs.1,11,00,000/- for the total land of 3 Acre under the agreement and the remaining consideration amount of Rs.1,01,00,000/- was to be paid by the plaintiff at the time of execution of the sale deed in favour of the plaintiff by the defendant.

5. It is further the case of the plaintiff that the initial payment of Rs.10,00,000/- was received and acknowledged by the defendant and that the plaintiff was required to pay the remaining amount within the period of four months from the date of execution of the said agreement. Thereafter, the plaintiff got prepared demand drafts of the remaining consideration amount. Thereafter the plaintiff and his grand son approached and contacted the defendant many times, but the defendant tried to avoid talking or meeting the plaintiff but assured the plaintiff to execute the registered sale deed in his favour, but avoided on several grounds to execute the sale deed. It is further the case of the plaintiff that the plaintiff called upon the defendant by issuing legal notice through his advocate on 07.10.2022 to remain present on the given date before Sub Registrar Office and to perform her part of contract but the defendant failed to comply the notice duly served on the defendant so also the defendant did not reply to the said notice. The plaintiff had also registered lis pendence of the suit property vide deed No.1071/2014 dated 03.03.2014.

6. It is further the case of the plaintiff that the defendant with malafide intention and to deceive the lawful rights and interest of the plaintiff, transferred the odd amount of Rs.11,00,000/-