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PRANAY VERMA
Kailash – Appellant
Versus
Bhagwatilal – Respondent
ORDER
1. This petition under Article 227 of the Constitution of India has been preferred by the petitioner/plaintiff being aggrieved by order 15.7.2024 passed in MCA No.13/2023 by the District Judge, Badnawar, District Dhar whereby the order dated 29.8.2023 passed in RCSA/20/2023 by the Civil Judge, Junior Division, Badnawar has been set aside and his application under Order 39 rule 1 and 2 of the CPC for issuance of temporary injunction has been rejected.
2. The plaintiff has instituted an action against defendant No.1 for specific performance of contract dated 1.11.2022. He has contented that on 1.11.2022 defendant No.1 had entered into an agreement to sale with him with respect to the suit lands for a total consideration of Rs.36,11,000/- upon receiving earnest money of Rs. 50,000/-. His son had also signed upon the same as consentor. Under the agreement defendant No.1 was enjoined to create a passage to the suit land which has not been done by him till date of filing of the suit. The plaintiff has always been ready and willing to perform his part of the contract but defendant No.1 is not doing so despite notice dated 20.11.2022 to him in that regard. Instead defendant No.1 is att
The absence of original agreements establishes lack of prima facie case required for an injunction.
An unregistered agreement to sell cannot serve as a basis for injunctive relief against a true owner of property, reflecting the necessity of registration under relevant laws.
Unregistered and insufficiently stamped documents are inadmissible for any legal purpose, including temporary injunctions, preventing plaintiffs from establishing claims based on such documents.
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....
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