2016 (11) TMI 1690

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....plaintiff/appellant. The instant appeal was admitted for hearing under the provision of Order 41 Rule 11 of the Code of Civil Procedure on 29th September, 2016. After the appeal was admitted we, on an application for interim injunction filed by the appellant passed an ad interim order of injunction directing the parties to maintain status quo as regards transfer and/or creating any third party interest and/or possession in the suit property as on that day till 15th November, 2016 or until further order whichever is earlier. 2. The respondents appear in this appeal and have filed an application for vacating the interim order passed by this Court. At the time when we were considering the appellant's prayer for extension of interim orde....

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....he defendants neither accepted the same nor executed any sale deed in favour of the plaintiff. As such, by the advocate's letter dated 1st August, 2016, the defendants, were called upon to execute the deed of conveyance in favour of the plaintiff on acceptance of the balance consideration money from the plaintiff. 7. Since the defendants did not accede to such request of the plaintiff, the instant suit was filed seeking specific performance of contract and in such a suit, the plaintiff has filed an application for temporary injunction for restraining the defendants from selling, transferring, alienating, encumbering and/or creating any third party interest in respect of the schedule 'A' property mentioned in the plaint and/or....

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.... contain any description of the notes by which such payment was tendered to the plaintiff. 13. Under such circumstances, we are unable to hold that a prima facie case has been made out by the plaintiff for going for trial. 14. Accordingly, we hold that the learned Trial Judge did not commit any illegality by refusing to pass any ad interim order of injunction in such a suit. 15. We thus, dismiss the appeal and confirm the findings of the learned trial Court. 16. Since the defendants have already entered appearance in this appeal, we direct the defendants to appear in the suit and file their affidavit-in-opposition to the plaintiff's application for temporary injunction within three weeks from date, reply if any, be filed by ....