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AMIT BANSAL
Vibhor Kumar Gupta – Appellant
Versus
Anupama Kapoor – Respondent
JUDGMENT :
Amit Bansal, J.
IA No. 430/2020(u/O.XXXIX R.1&2 of the CPC) & IA No. 3030/2020 (u/O.XXXIX R.4 of CPC)
1. By the present order, I propose to dispose of the application filed on behalf of the plaintiffs under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC) for grant of interim injunction and the application filed on behalf of the defendant Nos. 1 to 4 under Order XXXIX Rule 4 of the CPC seeking vacation of ex parte ad-interim injunction granted by this Court vide order dated 15th January, 2020.
2. Vide order dated 15th January, 2020, this Court had granted an ex parte ad-interim injunction restraining the defendants from creating any third party rights in respect of the three suit properties being, (i) land admeasuring 4 bighas 17 biswas bearing Khasra Nos. 1029 Min. (0-5), 1025(0-5) and 1028 Min (4-7) with the structure standing thereon situated in Village Chhattarpur and also known as part of Farm No. 15, North Drive, DLF Chhattarpur Farms, New Delhi, (ii) land admeasuring 5 bighas 5 biswas bearing Khasra No. 1012 Min (3-0), 1029 (2-0) and 1013 (0-5) with the structure standing thereon situated in Village Chhattarpur and also known as part of Farm No. 15
The delay in taking action after objections were raised, and the sale transaction to the new purchasers, did not warrant the grant of interim injunction.
(1) Merely because property is sold on lesser consideration then previous one, it does not ipso-facto make subsequent transaction illegal or malafide – Unregistered agreement to sell can be considere....
It is well settled principle of law that in an appeal against the exercise of 'discretion' by Court of first instance, power of Appellate Court to interfere with exercise of discretion is restrictive....
The main legal point established in the judgment is that readiness and willingness to perform an Agreement to Sell, as well as the obligations of the parties under the Agreement, are crucial factors ....
The main legal point established is the application of principles for granting interim injunctions, the interpretation of time as the essence of a contract, and the significance of fulfilling recipro....
The court affirmed that consistent readiness to perform contractual obligations supersedes delays due to external factors, justifying the grant of specific performance and interim injunction.
Multiplicity of proceedings is also one of the weighty considerations and becomes part of facet of balance of convenience, for, if the disputed property is allowed to be transferred from one hand to ....
The main legal point established in the judgment is the court's affirmation of the specific performance of the agreement of sale dated 05-8-1995, and the rejection of the 4th defendant's claim as a b....
The court held that specific performance of an agreement for sale is unenforceable without consent from co-parceners and proof of legal necessity, emphasizing the court's discretion in granting such ....
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