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REKHA BORANA
Prakash Chandra – Appellant
Versus
Bhanwar Singh – Respondent
JUDGMENT :
Rekha Borana, J.
1. The present appeal has been preferred against the order dated 18.01.2024 passed by the Additional District Judge, Kapasan in Civil Misc. Case No. 91/2023 whereby an application under Order 39 Rules 1 & 2 read with section 151 of the Code of Civil Procedure as preferred by the appellant plaintiff has been rejected.
2. The case of the appellant was that agreement dated 08.02.2021 was entered into between him and respondent No. 1- defendant No. 1, in pursuance to which, defendant No. 1 received an amount of Rs. 15 lacs from him and handed over the possession of his two shops. It was agreed that if the defendant would return the said amount with interest, that is, Rs. 17 lacs within a period of one year, the shops qua which the agreement was entered into, would be returned to the defendant and if he would not return the said amount within a period of one year, he would then accept an additional amount of Rs. 11 lacs from the plaintiff as further consideration qua the shops and would get the sale deed executed in favour of the plaintiff for the said two shops.
3. The defendant despite continuous requests, neither returned the amount with interest as promised n
The court emphasized the necessity of protecting property during litigation to prevent irreparable harm, allowing a temporary injunction against alienation.
The principles governing temporary injunctions require a clear prima facie case, balance of convenience, and evidence of irreparable injury, and any order failing to adhere to these principles is sub....
A petitioner can be granted temporary injunction to prevent the alienation of property during the pendency of a suit for specific performance while establishing possession under a registered agreemen....
The absence of original agreements establishes lack of prima facie case required for an injunction.
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