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ANURAG SHRIVASTAVA
Devi Prasad – Appellant
Versus
Jitendra Kumar – Respondent
1. Being aggrieved by the order dated 30.6.2016 passed by Vth Additional District Judge, in Civil Suit No.39-A/2016, whereby the trial Court has issued temporary injunction under Order 39 rules 1 and 2 of CPC in favour of respondent No.1/plaintiff, this miscellaneous appeal under Order 43 rule 1 of CPC has been preferred by appellants/defendants.
2. The plaintiff has filed a suit for specific performance of agreement to sale dated 10.8.2015 of disputed land as described in para 1 of the plaint situated in Village Kanheradev alleged to have been executed by defendants in favour of plaintiff. Plaintiff has also filed an application under Order 39 rules 1 and 2 of CPC before the trial Court for grant of temporary injunction to restrain the defendants to alienate the disputed property.
3. In their reply, the appellants/defendants have denied averments of plaint and pleaded that actually the plaintiff had advanced a loan of Rs.12 lacs and fraudulently obtained the signature of defendants on certain papers and thereafter prepared a forged agreement to sale of disputed land. The defendants have returned the loan amount by cheque to the plaintiff. Thus, plaintiff has no right or titl
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