Ad-interim injunction – Trial Court dismissed the application, observing that since defendant No.1 has not admitted entering into any transaction with the plaintiff and defendant No.2 has also alleged that the agreement to sell and receipt set up by the plaintiff are forged and fabricated documents, the plaintiff had failed to prove prima facie case in her favour and balance of convenience also does not in her favour and she would also not suffer any irreparable loss if the injunction is not granted – Plaintiff’s appeal dismissed – Revision disposed of with observation that if on conclusion of trial, the plaintiff is able to prove her case then in terms of Section 144 CPC, she would be able to get possession of the plot in question after removal of construction, if any, raised by defendant No.2 and if the plot is sold further, that would be hit by principle of lis pendens and therefore, no necessity of grant of any ad-interim injunction to the plaintiff is there.

(P&H HC) Decided on: 04.10.2021

Property already mortgage with bank – Criminal proceedings initiated – Effect on civil rights -- Merely because the plaintiff had also preferred criminal proceedings would not be a ground to deny the benefit of the decree to him – Appellant/accused acquitted by giving benefit of doubt in criminal proceedings – Suit decreed by civil court, upheld.

(P&H HC) Reserved on: 17.03.2021 Pronounced on: 23.04.2021

Wife of the appellant opposed the agreement by approaching the police -- Appellant himself applied for NOC to sell the property -- These factors would go on to show that the agreement had been entered into for the sale of the said property -- Almost 1/3rd of the amount had been received in advance and therefore, it would not lie in the mouth of the appellant to contend that the same had not been executed by him willingly

(P&H HC) Reserved on: 17.03.2021 Pronounced on: 23.04.2021