ORDER

Jyotsna Rewal Dua, Judge (Oral). - With respect to an agreement to sell, the purchaser as well as the seller have filed their respective civil suits. In the civil suit filed by the purchaser, on the application moved under Order 39 Rule 1 and 2 of the Code of Civil Procedure (CPC), status quo order as to the nature, user, construction, alienation and possession of the suit land etc. has been passed, which has attained finality. However, in the civil suit filed by the seller in respect of the same suit property by way of a subsequent interim order passed under Order 39 Rule 1 and 2 CPC, the purchaser has been restrained from causing any interference and encroachment over the suit land in any manner. Aggrieved, the purchaser has preferred instant petition under Article 227 of the Constitution of India.

For convenience, hereinafter, the purchaser is being referred to as the petitioner and the seller as respondent.

2. Suit filed by the petitioner:-

2(i). The petitioner filed a civil suit for specific performance of the contract and consequential relief of permanent prohibitory injunction under Sections 10 and 38 of the Specific Relief Act. The suit was filed in respect of Khata No.92