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2026 Supreme(Raj) 308

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Bipin Gupta, J.
Smt. Shashi Sahu W/o Shri Sampatraj Sahu - Appellant
Versus
Smt. Jashoda Sharma W/o Shri Devendra Kumar Sharma - Respondent
S.B. Civil Miscellaneous Appeal No. 1494 of 2026
Decided On : 18-04-2026

Advocates Appeared:
For the Appellant : Mr. Naman Pareek
For the Respondent: Mr. Amit Singh Shekhawat Ms. Suruchi Kasliwal

The grant of a temporary injunction is an equitable remedy, requiring the applicant to approach the court with clean hands. Unexplained, inordinate delay in filing a suit for specific performance, combined with a failure to demonstrate continued readiness and willingness, justifies the denial of such discretionary relief.

Headnote:(A) Specific Relief Act, 1963 - Section 16(c) - Code of Civil Procedure, 1908 - Order 39 Rules 1 and 2 - Temporary Injunction - The grant of such relief is a discretionary and equitable remedy - Prerequisite for success includes demonstrating a prima facie case, balance of convenience, and irreparable injury - The applicant must approach the court with clean hands - (Paras 6.4, 6.7, 6.8)

(B) Transfer of Property Act, 1882 - Section 52 - Doctrine of lis pendens - Any alienation of the subject matter during pending litigation remains subject to the final outcome of the suit - (Para 9)

(C) Appeal - Scope of judicial review - An appellate court should not substitute its own view for the discretionary decision of the lower court unless the order is found to be arbitrary, perverse, or in violation of settled legal principles - (Para 8)

Facts of the case:
The appellant filed a suit for specific performance and sought a temporary injunction to restrain the respondents from alienating the disputed property. The respondents argued that the agreement was cancelled due to the dishonour of cheques issued as part of the sale consideration. Additionally, the appellant initiated the litigation with an inordinate delay of three years after the cancellation notice, during which time third-party rights were created in the property. The trial court dismissed the application for temporary injunction.

Findings of Court:
The court observed that the appellant’s failure to honour financial obligations and the unexplained delay in instituting the suit clearly demonstrated a lack of readiness and willingness. Given this conduct and the subsequent emergence of third-party interests, the court held that the high threshold for granting an equitable interim injunction was not satisfied.

Issues: Whether the trial court erred in exercising its discretion by denying the temporary injunction application, and whether the appellant’s conduct met the standard of readiness and willingness required for equitable relief.

Ratio Decidendi: The grant of a temporary injunction is an equitable remedy. A party who is guilty of laches, inordinate delay in filing suit, or inequitable conduct, such as failing to honour financial terms, is not entitled to such discretionary relief.

Result: Appeal dismissed.

Table of Content
1. overview of suit for specific performance and facts. (Para 2 , 1 , 2 , 3)
2. claims regarding document admissibility, delay, and readiness. (Para 4 , 5)
3. court findings on dishonored cheques and performance laches. (Para 6)
4. distinguishing case law and application of discretionary relief. (Para 7)
5. dismissal of appeal and invocation of lis pendens. (Para 8 , 9 , 10 , 11 , 12)
JUDGMENT :
1. The present civil misc. appeal has been filed assailing the order dated 27.01.2026, passed by the learned Additional District & Sessions Judge No.3, Beawar, District-Beawar, in Civil Misc. Application No.104/2025, whereby the temporary injunction application filed by the plaintiff-appellant has been dismissed.

2. The brief facts of the case are that the plaintiff-appellant filed a suit for specific performance against the defendants- respondents, contending therein that the land belonging to defendant Nos. 1 to 5 is their khatedari land situated in the Revenue Village Naya Nagar, Tehsil Beawar. The defendants-respondents assured the plaintiff-appellant that the land in dispute was free from all encumbrances and that they had complete rights to transfer the same.

2.1 On the basis of these assurances, it was agreed that the plaintiff-appellant would purchase the land at the rate of Rs. 1,20,00,000/- per bigha, and an agreement to sell was executed on 26.07.2021, which was notarized by Notary Public Ganga Agrawal, Advocate. Under the said agreement, an advance payment of Rs. 21,00,000/- was received by the defendants- respondents, out of which Rs. 4,00,000/- was paid in cash and Rs. 17,00,000/- was paid through various cheques.

2.2 As per the agreement, the period for performance was fixed as 12 months. During this period, it was incumbent upon the defendants-respondents to get the land demarcated through the Revenue Officer in the presence of the plaintiff-appellant to his satisfaction. It was also agreed that the period of the agreement would commence from the date of completion of demarcation at the site. Further, it was agreed that in case any dispute arises regarding the way to the disputed land, the responsibility to resolve the same would lie with the defendants-respondents.

2.3 It was further stated that another agreement was executed on 29.09.2021 with respect to Khasra Nos. 545 and 531 between the plaintiff-appellant and defendant Nos. 2 to 5, as these lands were left out in the earlier agreement dated 26.07.2021. The said agreement was executed on the same terms and conditions and was also notarized by Notary Public Ganga Agrawal, Advocate.

2.4 The defendants-respondents were not willing to perform their part of the contract, and therefore, the plaintiff-appellant are constrained to file a suit for specific performance. Along with the suit, a temporary injunction application is filed, praying that during the pendency of the suit, the defendants-respondents be restrained from making any construction on the disputed land and from alienating or creating any third-party interest therein.

2.5 It was further prayed that, in the event it is found during the pendency of the suit that the land has been transferred to any third party or possession has been handed over, such sale deeds be declared as void by way of mandatory injunction and possession be restored. It was also prayed that no mutation be entered in the names of defendant Nos. 6 to 8.

2.6 To the said application, defendant-respondent Nos. 2, 4, and 5 filed a reply, contending that the plaintiff-appellant herself stated that she had agreed to purchase 14 Khasra numbers ad measuring 17 bigha 12 biswa at the rate of Rs. 1,20,00,000/- per bigha, making the total sale consideration Rs. 21,12,00,000/-. It was further contended that the plaintiff-appellant had not properly valued the suit with respect to the second agreement relating to Khasra Nos. 545 and 531. It was also contended that the plaintiff- appellant had neither valued the relief of declaration nor paid the requisi

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