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SRI ARJUN KUMAR AGARWAL versus SMT. VIDHYA DEVI & OTHERS

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 [2007] RD-AH 13339 (1 August 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

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.

1/8/07sm

wp 34886/07


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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