JUDGMENT :

Vivek Bharti Sharma, J.

This appeal from order has been preferred by the appellant/plaintiff against the order dated 19.07.2023 passed by 1st Additional Senior Civil Judge, Dehradun, whereby the application paper no.6C2 for temporary injunction has been dismissed.

2. Learned counsel for the appellant/plaintiff would submit that the Trial Court, vide its order dated 08.02.2023, had granted ex parte interim injunction in favour of the appellant/plaintiff thereby restraining the respondent/defendant from interfering in the peaceful possession of the suit property and dispossessing the appellant/plaintiff without due process of law, however, subsequently by the impugned order dated 19.07.2023, application for temporary injunction was dismissed on the ground that the MoU is unregistered and the same has been executed on the next day i.e. 02.06.2022 after the execution of the sale deed on 01.06.2022.

3. Learned counsel would draw attention of this Court to the MoU dated 02.06.2022 (Annexue-1 to the supplementary affidavit dated 26.07.2023) wherein it is stated that the sale deed was executed on 01.06.2022 for consideration of Rs.2,80,00,000/-, however the actual consideration amou