Rajkumar v. Mohd. Imran
Case brief
What is this about?
Miscellaneous appeal under Order 43 Rule 1(r) CPC against refusal of ad-interim/temporary injunction (Order 39 Rule 1 & 2 read with Section 151 CPC) sought to restrain alienation/creation of third-party interest in agricultural land at Keshripur Nawagaon, Pithora, Mahasamund, during pendency of title suit (declaration of nullity of sale-deeds of 30.07.2015 and 28.09.2015 founded on a prior partition decree of 1/4th shares in Civil Suit No. 119-A/98). Dispositive features for retrieval: undertaking by defendant's counsel; merits left open; protective restraint till disposal of Civil Suit No. H-04/2021; time-bound trial direction of four months; reconsideration liberty on plaintiff-side delay. Keywords: temporary injunction; alienation; third party interest; undertaking; expedite trial; partition decree; Chhattisgarh High Court Bilaspur; Mahasamund.
What did the court decide?
Appeal disposed of without adjudicating the merits: respondents/defendants restrained (via the appeal's directions, backed by counsel's undertaking) from creating third-party interest or alienating the suit property till disposal of Civil Suit No. H-04/2021; trial Court directed to conclude the trial expeditiously, preferably within four months.