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High Court Appeal No. 49 of 1987, decided on 29th April, 1987.
--S.42--Civil Procedure Code (V of 1908), O.XXXIX, Rr.l & 2--Suit for specific performance of sale agreement--Temporary injunction- Injunction, is generally granted in suit for specific performance subject to condition that plaintiff shall deposit balance of sale consideration- Order under appeal being in consonance with law, appeal was dismissed.
Mansoorul Arfin for Appellants.
-This High Court Appeal is .directed against an order, dated 25-3-1987 passed by a learned Single Judge of this Court in Suit No. 816/1986, whereby he has granted an injunction restraining the, respondents from selling or alienating the property in dispute on the condition that the plaintiffs shall deposit Rs. 59,00,000 within three weeks. The appellants had filed suit for specific performance of a sale agreement in respect of the said property. Alongwith the plaint an application under Order XXXIX, rules 1 and 2, C.P.C. was filed, which has been disposed of in the above terms. The learned Single Judge has also directed that the amount so deposited by the appellants shall be invested by the Nazir in Khas Deposit Certificates.
In our view, in a suit for specific performance generally the injunction is granted subject to the condition that the plaintiff shall deposit the balance of the agreed sale consideration. The order under appeal, therefore, is in consonance with the view taken earlier by this Court in a number of judgments. We therefore, do not find any merits in this appeal, therefore, it is dismissed in limine.
However, we may observe that since big amount is involved the learned Judge may dispose of the suit as early as possible.
M.A.K./F-17/K
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