Madhya Pradesh High Court
Madhubai vs Anand Sagar Real Estate Pvt. Limited. on 9 January, 2025
Author: Prem Narayan Singh
Bench: Prem Narayan Singh
NEUTRAL CITATION NO. 2025:MPHC-IND:694
1 MA-8814-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
ON THE 9 th OF JANUARY, 2025
MISC. APPEAL No. 8814 of 2024
MADHUBAI AND OTHERS
Versus
ANAND SAGAR REAL ESTATE PVT. LIMITED. AND OTHERS
Appearance:
Shri Ramesh Sonvane - advocate for the petitioner.
Shri Manoj Munshi Senior Advocate along with Shri Lucky Jain, learned
counsel for the respondent [CAVEAT].
JUDGMENT
The appellant has filed the Misc. Appeal under Section 104 Read with Order
43 Rule 1 (r) of C.P.C, challenging the order dated 25.10.2024 passed by the 4th
District Judge, Dr. Ambedkar Nagar, District Indore whereby an
application Section 39 Rule 1 & 2 R/w Section 151 of C.P.C. for temporary
injunction preferred by the Respondent No.1 in a suit for specific performance of
the agreement to sale has been rejected.
2. The appellants are owner of the agriculture land bearing survey no. 199/1
area 2.488 hectare in village Datoda, Tehsil Mhow Dist.Indore The respondent
no.1 through its director has approached the appellants for purchasing the above
land from the appellants and they have offered Rs. 2,45,60,000/- the total price of
the aforesaid land, assured payment of the entire land and thus on the terms and
condition stipulated between the parties on 16/7/2022 an agreement to sale of the
suit land was executed. It is further alleged that the respondent no.1 got the
NEUTRAL CITATION NO. 2025:MPHC-IND:694
2 MA-8814-2024
signatures of the appellants and retained the original agreement to sale and given
the copy of the same to the appellants leaving the column of boundaries and the
signature and name of the witnesses.
3. The respondent no.l has not paid the full consideration amount as per the
agreement hence the appellants have cancelled the agreement but the directors of
the respondent company has threatened to dispossess the appellants, therefore, in
order to protect their rights the appellants have filed the civil suit bearing 168/2023
on 27/7/2023. The respondent no.1 admitting the date of the agreement and other
things has also filed the written statement. On 15.12.2023, the Respondent no.1
during the pendency of the suit filed by the appellants has filed the suit before the
Additional District Judge for the specific performance of the agreement which was
executed on 30/6/2022. On due consideration of the submissions of parties and the
averments made in the application, learned trial judge allowed the application for
temporary Injunction and hence this Misc. Appeal.
4. Learned counsel for the respondent submitted that respondents have
already paid Rs.15,00,000/- and are also ready to deposit Rs.45,00,000/- to the
appellants hence counsel prayed that the stay granted by the trial shall be made
continued.
5. During the Course of arguments, learned counsel for the parties agreed to
settle the matter on the condition that if respondent/plaintiff deposits
Rs.45,00,000/- (in addition to Rs.15,00,000/- already paid by respondents) out of
total consideration of Rs.2.45 crores within fifteen days from today, the stay
granted by the trial Court vide order dated 25.10.2024 passed in RCSA/281/2023
shall continue. It is further agreed that the amount so deposited by the
respondent/plaintiff shall be kept in Civil Court as fixed deposit.
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5. On due consideration the miscellaneous appeal is disposed of with the
direction subject to the respondent/plaintiff to depositing Rs.45.00 lakhs (in
addition to Rs.15.00 lakhs already paid by the respondents) out of total
consideration of Rs.2.45 crores within fifteen days from today, the stay granted by
the trial Court vide order dated 25.10.2024 passed in RCSA/281/2023 shall
continue. The amount deposited by the respondent/plaintiff shall be kept in Civil
Court as fixed deposit. Learned trial Court is directed to expedite and conclude the
matter within a period of one year from the date of receipt of certified copy of this
order.
6. Accordingly, M.A. No. 8814/2024 stands disposed of. Pending
interlocutory application, if any, stands disposed off.
(PREM NARAYAN SINGH)
JUDGE
sumathi
