Liberating Minds Foundation v. Balbir Singh S/o late Sh. Palak Ram
Case brief
What is this about?
Himachal Pradesh High Court, FAO 104 & 155 of 2024, Vivek Singh Thakur J., decided 1.7.2025: interim injunction under Order 39 Rules 1 and 2 CPC (CMA 216 of 2023) in specific performance/injunction suit based on family compromises dated 11.6.2016, 21.6.2016, 28.6.2016; subsequent purchaser Liberating Minds Foundation not bound by compromises; Section 60(2) Registration Act presumption on registering officer's endorsement; balance of convenience and irreparable injury; permission to construct with liability to compensate and bar on alienation without leave; status quo continued for unsold land; District Judge Solan.
What did the court decide?
Impugned order modified and both appeals disposed of: defendant No. 4 permitted to develop/raise construction on the suit land purchased by it; the hand-over condition held unwarranted with that issue left open to the Trial Court; defendant No. 4 barred from transferring, encumbering or alienating the suit property or creating third-party rights during pendency without leave, and liable to compensate plaintiffs for proved damages if fault is found; interim orders against defendants No. 1 to 3 qua remaining suit land continued with status quo.