CHANDAN SINGH Vs. PRATAP SINGH & ANR.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against order dated 2.2.2016 passed by the Appellate Court, whereby, the appeal filed by the respondents against dismissal of application under Order 39, Rules 1 and 2 C.P.C. by the Trial Court by its order dated 21.9.2012 has been set aside and it has been ordered that during the pendency of the suit the petitioner will not transfer his share in Araji No. 1457 without permission of the Court.

(2.) The respondents filed the suit for specific performance of contract dated 21.8.1989, said to have been entirered into by petitioner’s father; it was, inter alia, indicated that as two of the petitioner’s brother have executed sale deed in the year 2012 regarding their share of the property as petitioner’s father had expired in the year 2002 and, therefore, to the extent of petitioner’s share in the property of deceased Mod Singh the specific performance was being sought.

(3.) The petitioner filed his reply and resisted the suit, inter alia, questioning the execution of the agreement, lack of readiness and willingness on part of the plaintiffs and that the document was not admissible in evidence.