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2015 Supreme(UK) 413

ALOK SINGH
Dilshad Alvi – Appellant
Versus
Ikrar Ahmed – Respondent


Advocates Appeared:
For the Petitioner:Mr. Manish Arora, Advocate

JUDGMENT :

Alok Singh, J.

Present petition is preferred assailing the judgment and order dated 26.08.2014, passed by the Civil Jude (Junior Division), Dehradun in O.S. No. 126 of 2013, Dilshad Alvi Vs. Ikram Ahmad and others, whereby learned Trial Court was pleased to hold that suit simplicitor for permanent prohibitory injunction is barred by Section 41 (H) of the Specific Relief Act as well as judgment and order dated 19th January, 2015, passed by the First Addl. District Judge, Dehradun, whereby appeal filed by the plaintiff petitioner herein was dismissed.

2. Brief facts of the present case, inter alia, are that plaintiffs have filed Civil Suit seeking permanent prohibitory injunction restraining the defendants not to transfer the suit property in favour of third party saying agreement to sell was executed between the parties on 04.10.2012, however, same was never got registered; when plaintiff requested the defendant to execute the sale deed after receiving the sale consideration, defendant refused to execute the sale deed and has extended threat that he would sell the property in favour of third party, therefore, necessity arose to file suit for permanent prohibitory injunction











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