Special Appeal challenging an interim injunction order. Petitioners contested sale deed execution based on lack of consideration and possession issues. Court found no ground for interference with lower courts' findings and dismissed the petition.
Petition dismissed; no interference with orders below.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.R.No.377 of 2009 (O&M)
Date of decision : 16.2.2010
Kiran Kumar Sharma and another
....Petitioners
Versus
Arun Kumar Sharma and another
...Respondents
CORAM : HON'BLE MR.JUSTICE MAHESH GROVER
Present : Mr. G.C.Shahpuri, Advocate for the petitioners.
Mr.Vishal Garg, Advocate for respondent No.1.
Mr.C.S.Pasricha, Advocate for respondent No.2.
MAHESH GROVER, J.
The petitioners are not denying the execution of the sale deed. The only dispute that has been raised by the learned counsel for the petitioners is regarding the sale being without any consideration. The petitioners have also pleaded that they are in possession of the property whereas the terms of the sale deed which they have not denied clearly shows that the possession has been delivered. In such an eventuality the findings of the courts below on the application under Order 39 Rules 1 and 2 CPC cannot be faulted with.
C.R.No.377 of 2009 (O&M) -2-
No ground to interfere.
Dismissed.
16.2.2010 (MAHESH GROVER) JUDGE dss
2 issues framed by the court
Whether the High Court should interfere with the lower courts' findings regarding an application under Order 39 Rules 1 and 2 CPC regarding a sale deed disputed on grounds of lack of consideration and
Whether findings of the courts below on the interim injunction application can be faulted given the petitioners' plea regarding possession and non-delivery.
1 provisions across 1 enactments
Kiran Kumar Sharma
Arun Kumar Sharma
Mahesh Grover
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
