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Judgment
Aparesh Kumar Singh, CJ
Plaintiff-appellant instituted TS No.145/2024 for specific performance of an oral agreement for sale in respect of the suit land and alleged that out of the total consideration amount of Rs.20,00,000/- a sum of Rs.7,96,000/- has been paid to the defendant No.1at intervals on his request. But the plaintiff came to know that the defendant No.1 surreptitiously is going to execute a sale deed in favour of defendant No.2 without honouring the agreement for sale. Plaintiff also sought injunction in Civil Misc. (Inj) No.79 of 202. An ad interim injunction was granted on 27.08.2024. However, after the appearance of the defendant and their objections, the injunction order has been vacated by the impugned order dated 23.04.2025 passed by the learned Civil Judge (Sr. Division), Court No.2, West Tripura, Agartala, but at the same time laying down certain conditions upon the defendant No.2, in whose favour the sale deed is to be executed by defendant No.1. The defendant No.2 has been directed not to further alienate/transfer the suit land to any other 3rd person as well as not to create record of right in his favour till the disposal of the main suit. The defendant No.2 has been further directed not to change the physical character of the suit land i.e. not to make any construction over the suit land till disposal of the said main suit as this will lead to multiplicity of proceeding between the parties. The plaintiff, being aggrieved by the order dated 23.04.2025 has preferred this appeal under Order XLIII Rule 1(r) read with section 104 of the Code of Civil Procedure.
However, after some arguments, Mrs. Sujata Deb (Gupta), learned counsel for the petitioner does not press the instant appeal.
In that view of the matter, the instant appeal is dismissed as not pressed.
Pending application(s), if any, shall stand disposed of.