JAYANTA KUMAR BISWAS,J. - (1.) THE petitioner in this CR dated September 03, 2012 is aggrieved by anorder of the District Judge, A & N Islands, Port Blair dated August 24, 2012 allowing the opposite party 's Misc. Appeal No.10 of 2012 against an order of the Civil Judge (Senior Division), Port Blair dated August 03, 2012 allowing the petitioner 's application for temporary injunction filed in his O.S No.86 of 2012.
(2.) THE petitioner filed the OS praying for specific performance of contract. He alleged that the opposite party entered into an agreement for sale of the land particulars whereof were given in the schedule to the plaint; and that in breach of the agreement the opposite party sold the land to a third party (the second defendant in the suit). It was stated in the plaint that a part payment was paid. The opposite party filed a written objection denying the correctness of the facts stated in the plaint and saying that the agreement was a fake one. The Civil Judge granted injunction on the grounds that the question whether the agreement was fake would be decided only by taking down evidence. The Civil Judge also mentioned that the opposite party did not mention that "he was constructing in the suit property. " Accepting the petitioner 's case that the opposite party was erecting constructions and taking steps for alienating the property to third party, the Civil Judge granted the injunction.
(3.) THE District Judge, as is evident from his order, has closely examined the possession aspect. He pointed out that the petitioner claiming that the opposite party had given him possession of the property did not explain how he lost possession of the property and the opposite party acquired possession and gave possession to the second defendant who was developing the property. The District Judge has also expressed his doubt about the genuineness of the unregistered agreement for sale. After hearing Mr. Rao appearing for the petitioner and Mr. Prasanth appearing for the opposite party, I am of the view it is not necessary to interfere with the order of the District Judge.;