SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2013 Supreme(Raj) 1765

P.K.LOHRA
Gautam Lal – Appellant
Versus
Bhadrabahu Kotadia – Respondent


Advocates:
For the Appellant:Bheem Arora, Advocate.
For the Respondent:Shambhu Singh, Advocate.

JUDGMENT

1. - Appellant-plaintiff by the instant appeal has called in question the impugned order dated 23rd of March 2013, passed by the learned District & Sessions Judge, Dungarpur, whereby the application of the appellant under Order 39, Rule 1 and 2 CPC for temporary injunction was rejected.

2. Succinctly stated, facts of the case are that the appellant laid a suit for specific performance of contract before the learned trial Court against the respondent with the averment that there was an agreement to sale between the rival parties for the disputed plot. Alongwith the suit for specific performance of contract, the appellant also preferred an application under Order 39, Rule 1 and 2 CPC seeking interim relief of restraining the respondent from alienating the plot and to maintain status quo regarding plot in dispute. Learned trial Court, after hearing the rival parties, by the impugned order declined the relief of temporary injunction.

3. Learned counsel for the appellant Mr. Bheem Arora has argued that in a suit for specific performance of contract further alienation of the property can create many complications and further any alteration in the property can complicate the situat










Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top