IN THE HIGH COURT OF UTTARAKHAND

AT NAINITAL

Writ Petition No. 2138 of 2015 (M/S)

Dilshad Alvi

…..Petitioner

Versus

Sri Ikrar Ahmed

….Respondent

Mr. Manish Arora, Advocate for the petitioner.

Hon’ble Alok Singh, J. (Oral)

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 19^th January, 2015, passed

by the First Addl. District Judge, Dehradun, whereby

appeal filed by the plaintiff petitioner herein was

dismissed.

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 ex