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G.N.RAY, K.RAMASWAMY
Dalpat Kumar – Appellant
Versus
Prahlad Singh – Respondent
Based on the provided legal document, the judgment in question was explicitly overruled by the Supreme Court of India. The Court set aside the decision of the High Court and confirmed the order of the trial Court, indicating a clear reversal of the previous appellate decision. The Court also clarified that any observations made earlier should not be considered relevant at the trial on the merits, emphasizing that their ruling was a decision on the prima facie case and the appropriateness of granting or denying injunctions pending the trial. Therefore, the judgment in this case is indeed overruled.
JUDGMENT
K. RAMASWAMY, J.:—Leave granted.
2. Sri S. K. Jain, on his application, is discharged.
3. Heard the counsel on either side. This is the fourth round of litigation relating to the same subject matter. On June 14, 1979 the first appellant claimed to have entered into an agreement to purchase the residential house situated in Jaipur for a consideration of Rs. 51,000/-. He laid the suit for specific performance and the suit was decreed ex parte. On August 10, 1983, the sale deed was executed through court. On April 29. 1984, the respondents wife filed Suit No. 83 of 1984 and also sought for temporary injunction from dispossession. In May 1984, the Trial Court rejected the application for ad interim injunction which was confirmed, on appeal, by the High Court on July 14, 1987. There- after the suit was got dismissed for non- prosecution. The first appellant filed Execution Application No. 6 /85 in which the respondent filed five unsuccessful objections. The first was dismissed on March 4,1987. The second one on December 4, 1987, which was confirmed on revision by the High Court on January 20, 1988. The third one on October 4, 1987 and fourth one on January 17, 1989. Even thereaft
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