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SUNITA YADAV
Ashish Pratap Singh – Appellant
Versus
Meera Tomar – Respondent
ORDER
1. Present Misc. Appeal has been preferred u/O. 43 Rule 1(r) of CPC challenging the order dated 1.9.2023 passed by 9th District Judge, Gwalior (M.P.) in RCS A No.202/2023 whereby, the application filed by appellants/plaintiffs under Order 39 Rule 1 & 2 of CPC has been rejected.
2. Precisely stated facts of the case are that appellants/plaintiffs instituted the suit for specific performance of agreement along with declaration and injunction in respect to the property/house situated at Plot No.52-C, Jawahar Colony, Lashkar, Gwalior (M.P.). During the pendency of trial, appellants/plaintiffs filed an application under Order 39 Rule 1 & 2 of CPC which was dismissed by impugned order. Hence, the present appeal is filed.
3. Learned counsel for the appellants argued that the order impugned is perverse, illegal and against the settled principles of law. It is further argued that defendants/respondents No.2 and 3 in order to defeat the rights of plaintiffs denied the execution of agreement whereas appellants have duly executed the agreement dated 7.4.2017 with defendant No.1 and are always shown their readiness and willingness for performance of the agreement. It is further argued that
A temporary injunction requires the plaintiff to establish a strong prima facie case, ensure balance of convenience, and demonstrate potential for irreparable harm.
The court emphasized the necessity of protecting property during litigation to prevent irreparable harm, allowing a temporary injunction against alienation.
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