Hon’ble Manoj Misra, J.—Heard counsel for the petitioner; and Sri B.P. Singh, learned Senior Counsel, assisted by Sri Manoj Kumar Sharma for the contesting respondent No. 1.

2. Sri B.P. Singh does not pray for time to file counter-affidavit. Therefore, considering the nature of the order that is being passed as also ground on which it is being passed this Court does not find it necessary to issue notice to the second respondent, accordingly, with the consent of the learned counsel for the represented parties, this petition is being disposed of finally.

3. Brief facts giving rise to the present petition are as follows:

An Original Suit No. 204 of 1990 was instituted by Smt. Usha Devi (Respondent No. 1) against N. B. Montrose (Respondent No. 2) and Sanjay Khandooja (Petitioner) for specific performance of agreement for sale evidenced by agreement dated 28.3.1984 and sale-deed dated 17th January, 1985. Another suit No. 212 of 1989 was instituted by Smt Usha Devi against as many as seven defendants including Sanjay Khandooja (Petitioner). Suit No. 212 of 1989 was for permanent prohibitory injunction in respect of a portion of immovable property which was the subject-matter of s