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lalit (director)     30 August 2011

Interim injunction in spec. rel. suit

X IN A SPECIFIC PERFORMANCE SUIT relying on a duly executed but unregistered sale deed, is awarded an interim INJUNCTION restraining Y from creating third party interest in a property.
Y in his objection petition refers to a xerox copy of an agreement signed,which is by no means referred in the sale deed, X claims that it was made in preliminary stages of negotiation for the suit property but subsequently not acted upon by both the parties and cancelled and destroyed by mutual consent.not acted upon means seller returned the cheque without encashing and destroyed the original agreement.
CAN IT JEOPARDIZE THE SUIT AND THE ABSOLUTE INJUNCTION PROSPECTS AS WELL



Learning

 1 Replies

SACHIN AGARWAL (ADVOCATE)     06 September 2011

You have not clarified your quarry. However, you can file an appeal against the Injunction Order,


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