- (1.) The First Appeal From Order has been filed under Order XLIII Rule 1 C.P.C.. challenging the order dated 23.5.2013 passed on temporary injunction application of the plaintiff-respondent in suit no. 603 of 2011. The trial court granted temporary injunction in favour of the plaintiff respondent restraining the appellant from alienating the property in favour of third party with regard to area 0.601 hectare of Khasra no. 13 M Khata no. 95 situated at village Mawi Khurd, Paragana, Tehsil and District Saharanpur.
(2.) The brief facts giving rise to the present appeal are that a suit for specific performance of agreement to sell was filed by the plaintiff respondent . During pendency of the suit, an application 33 Ga under Order XXXIX Rule 1 and 2 read with section 151 C.P.C. was filed with the prayer to restrain the defendant no.1 from alienating the property in favour of third party and further to restrain him from changing the nature of the suit property.
(3.) Plaint case is that a registered agreement to sell between the plaintiff and defendant no.1 was executed on 16.6.2008 and an amount of Rs. five lac was paid to the defendant no.1 towards part of sale consideration. As per the agreement, total sale consideration was Rs. 20 lacs and it was agreed that sale deed would be executed within a period of seven months i.e. by 15.1.2009.;