RAJIV SAHAI ENDLAW, J.

1. The defendant after filing the written statement to the suit for specific performance of an agreement of sale of immovable property, submitted before the court that the suit was not maintainable. This court vide order dated 23rd May,2007, even before the framing of issues, listed the matter for arguments on the question of maintainability of the suit. The senior counsels for the plaintiff as well as the defendant have been heard on the aspect of maintainability.

.2. The defendant has challenged the maintainability of the suit for the reason of the plaintiffs having earlier filed a suit for permanent injunction for restraining the defendant from selling, encumbering or parting with the possession of the property agreed to be sold to the plaintiffs to any other person. It is stated in para 1 of the preliminary objections in the written statement of the defendant that the said suit was filed by the plaintiffs before the court of the Civil Judge, Delhi and along with the said suit an application for interim relief was also filed; that the said application was rejected by the court of the Civil Judge, Delhi and no appeal had been preferred by the plaintiffs; th

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