Hori Lal @ Lala Mistri vs Tribhuwan And 3 Others
2013 Latest Caselaw 1604 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?AFR
 
Court No. - 4
 

 
Case :- WRIT - C No. - 20864 of 2013
 

 
Petitioner :- Hori Lal @ Lala Mistri
 
Respondent :- Tribhuwan And 3 Others
 
Petitioner Counsel :- P.C. Srivastava
 

 
Hon'ble 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 ad-interim injunction and only issued notice. Against the said order petitioner has filed this writ petition.

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 Annexure-3 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.

Writ petition is dismissed.

Order Date :- 2.5.2013

RS