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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
KSHITIJ SHAILENDRA
Omkar Singh – Appellant
Versus
Surendra Pal Singh – Respondent
| Table of Content |
|---|
| 1. background of dispute regarding sale agreement. (Para 3) |
| 2. arguments presented by both parties about agreements. (Para 4 , 5) |
| 3. court's analysis of injunction requirements. (Para 6 , 7 , 8) |
| 4. judicial precedents on injunctions in specific performance. (Para 9 , 10) |
| 5. establishing legality of temporary injunction order. (Para 11 , 12 , 13) |
| 6. final dismissal of appeal. (Para 14) |
JUDGMENT :
Kshitij Shailendra, J.
1. Heard Sri S.F.A. Naqvi, learned Senior Counsel, assisted by Sri Maha Prasad, for the appellants and Ms. Shreya Gupta for the respondents no.1 and 2.
2. Affidavits have been exchanged between the parties and, therefore, the Court proceeds to decide the appeal finally.
3. The first appellant was defendant no.4 in Original Suit No.35 of 2024, whereas second appellant was subsequently impleaded as defendant no.6 on account of a sale deed executed in his favour. Both the appellants have assailed the order dated 24.05.2024 whereby the learned Civil Judge (Senior Division), Hathras has restrained first and third sets of defendants from changing nature of the suit property, raising constructions thereon, causing damage to the same and from further alienating it.
4. Le
Injunctions in suits for specific performance may be granted based on prima facie cases, despite property sales to third parties, per Sections 19(b) of the Specific Relief Act and 37 of the Indian Co....
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 court emphasized the importance of establishing a prima facie case, balance of convenience, and irreparable loss when considering the grant of injunction in property disputes.
Section 52 of Transfer of Property Act, 1982, the rights of the appellants in the suit for Specific Performance against the Immovable property is protected under Section 52 of Transfer of Property Ac....
The appellate court emphasized that the trial court's dismissal of the injunction application was unreasonable, highlighting the necessity of establishing a prima facie case and balance of convenienc....
Unregistered agreements can be admissible in specific performance suits; timely legal action justified if one party attempts to alienate property.
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