Rakesh Srivastava, J. - (1.) This petition under Article 227 of the Constitution has been filed challenging the order dated 21.07.2017, passed by the Civil Judge (Senior Division), Lucknow by means of which the application for grant of temporary injunction moved by the petitioner in Regular Suit No.2492 of 2015 was rejected as well as the order dated 06.01.2018, passed by the Special Judge, Anti Corruption, Lucknow in Misc. Civil Appeal No.93 of 2017 upholding the order dated 21.07.2017. For the sake of convenience, the petitioner and Sanat Kumar, the respondent no.2 will also be referred to by their ranks in the suit as "plaintiff" and "defendant" respectively.
(2.) The defendant, was the owner of 1/3rd share in Khatauni No.00272, Khasra Nos.263, 397-C, 597, 690, 709, 657, 658, 686/1, 688, 689/1, 740/1 situated in village Hardoialal Nagar, Pargana Kakori, Tehsil and District Lucknow. An agreement to sell dated 18.01.2014 with respect to 0.4226 hectare of the above mentioned khasra numbers was entered into between the defendant and the plaintiff. The agreement to sell was duly registered before the Sub-Registrar (Fourth), Lucknow on 18.01.2014.
(3.) As per the said agreement, the defendant was to sell the suit property to the plaintiff for a consideration of Rs. 20 lakhs. A sum of Rs. 15 lakhs was paid in cash as earnest money at the time of signing of the agreement itself and Rs. 5 lakhs were to be paid at the time of execution of the sale deed. The sale deed was supposed to be executed within an year of the signing of the agreement to sell, in favour of the plaintiff or a person nominated by her.;