High Courts(2013) 05 AHC CK 0249

Hori Lal @ Lala Mistri vs Tribhuwan and Others

Allahabad High Court · Decided on 2 May 2013

HON’BLE JUDGES
Sibghat Ullah Khan, J
RESULT
Dismissed
CASE NUMBER
C.M.W.P. No. 20864 of 2003 & Civil Miscellaneous Writ Petition No. 20864 of 2003

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Judgment

3 paragraphs · 184 words

Sibghat Ullah Khan, J.—Petitioner is plaintiff in Original Suit No. 320 of 2013. Alongwith plaint petitioner filed application for temporary injunction. Additional Civil Judge (Senior Division)) Court No. 14, Allahabad refused to grant adinterim injunction and only issued notice. Against the said order petitioner has filed this writ petition.

2.

I do not find least error in the impugned order. The relief claimed in the suit is for specific performance for an agreement for sale which was executed ten years before i.e., in the year 2003. In the plaint it was stated that possession was delivered to the petitioner. However, in the agreement for sale at the top it is mentioned that it is agreement for sale without possession. Copy of the same is Annexure3 to the writ petition. In the plaint it was mentioned that delivery of possession took place afterwards. If agreement to sell has been entered into through registered document subsequent delivery of possession can also take place through registered document. There was absolutely no. occasion to grant any temporary injunction in favour of the petitioner.

3.

Writ petition is dismissed.