Order 39 Rule 1 and 2
rajan chopra
(Querist) 27 September 2015
This query is : Resolved
Sir in a suit for recovery based on an agreement to sell a piece of land an application u/o 39 R 1 and 2 CPC was also filed with main suit.After consideration the application was dismissed by court stating the reasons " That the applicant has proper and specific remedy and recourse at law in that regard so as to prevent disposal of property to defeat the lawful claim or say decree as might be awarded in case he succeeds to establish the same in accordance with law �so this application at the outset does not appear to be maintainable and the same is meritless."Application stands disposed off accordingly being dismissed.Sir I want to know that as per order of dismissal of application what is the proper and specific remedy and recourse at law in that regard so as to prevent disposal of property ?
P. Venu
(Expert) 28 September 2015
What were the orders sought under Order 39?
rajan chopra
(Querist) 29 September 2015
Sir the orders sought under order 39 were for grant of temporary injunction on the suit land till final disposal of the suit for recovery
T. Kalaiselvan, Advocate 
(Expert) 03 October 2015
If you are aggrieved by this order, you may take up a revision against this order before the higher court. If this was a suit for specific performance of contract seeking specific reliefs, the court was right in dismissing the injunction application owing to the nature of the suit and reliefs claimed in it.
rajan chopra
(Querist) 11 October 2015
Sir the suit was not for specific performance but it was a recovery suit for money on basis of agreement to sell
