High Court of Judicature at Allahabad
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Sri Arjun Kumar Agarwal v. Smt. Vidhya Devi & Others - WRIT - C No. 34886 of 2007  RD-AH 13339 (1 August 2007)
Hon. Janardan Sahai,J
The petitioner has filed a suit for specific performance of a contract of sale. An application for temporary injunction was filled by the petitioner restraining the defendants from making constructions. Both the courts below have rejected the application. The defendant's case is that he has already constructed his house. It is not disputed that some constructions have already been raised by the respondents. The agreement to sell has been denied by respondent no.1. In the circumstances the discretion exercised by the courts below in not granting any temporary injunction does not suffer from any illegality. However the trial court shall try to decide the suit expeditiously and if possible within a year. Subject to this direction, the writ petition is dismissed.
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