WPMS/2178/2022
2022 Latest Caselaw 3238 UK

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                                  WPMS No. 2178 of 2022
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Vikas Kumar Guglani, Advocate for the petitioner.

Heard.

Petitioner filed a suit for cancellation of sale deed. With his suit, petitioner also filed an application for temporary injunction. Learned trial Court passed an order of temporary injunction on 23.09.2021, whereby defendants were restrained from creating third party interest and also from transferring possession of the suit property.

Respondent no. 2-the purchaser of suit property filed a Misc. Appeal under Order 43 Rule 1 (r) CPC and learned IIIrd Additional District Judge, Udham Singh Nagar vide judgment dated 23.08.2022, partly allowed the appeal and modified the order passed by learned trial Court by directing the parties to maintain status quo as regards title and possession of the suit property. The said judgment has been challenged by petitioner in this petition.

I have gone through the order passed by learned trial Court as well as the judgment rendered by learned Appellate Court. Learned Appellate Court has given valid reason for modifying the order and also for directing the parties to maintain status quo qua title and possession of the suit property.

Since transfer of property, which is subject matter of a pending suit, is subject to provision contained in Section 52 of Transfer of Property Act, therefore, the interest of petitioner is protected.

Even otherwise also, temporary injunction is a discretionary relief and learned IIIrd Additional District Judge has exercised his discretion in a proper manner, thus, this Court does not find any reason to interfere with the discretion exercised by learned Appellate Court.

Accordingly, writ petition fails and is dismissed. There will be no order as to costs.

(Manoj Kumar Tiwari, J.) 30.09.2022 Navin