Interim injunction
lalit
(Querist) 30 August 2011
This query is : Resolved
X IN A SPECIFIC PERFORMANCE SUIT relying on a duly executed but unregistered sale deed, is awarded an interim INJUNCTION restraining Y from creating third party interest in a property.
Y in his objection petition refers to a xerox copy of an agreement signed,which is by no means referred in the sale deed, X claims that it was made in preliminary stages of negotiation for the suit property but subsequently not acted upon by both the parties and cancelled and destroyed by mutual consent.not acted upon means seller returned the cheque without encashing and destroyed the original agreement.
CAN IT JEOPARDIZE THE SUIT AND THE ABSOLUTE INJUNCTION PROSPECTS AS WELL
Raj Kumar Makkad
(Expert) 30 August 2011
As all documents before court are unregistered so none of them attracts special o preferential status so all shall be taken in due consideration while deciding the injunction application in the light of pleadings of the parties.
Advocate Rajkumarlaxman
(Expert) 31 August 2011
As stated to put in simple words it is the Lawyer who has to plead the matter and gain his side. Both have equal chances. or further put the details of both the agreements we can guide you very well
M/s. Y-not legal services
(Expert) 01 September 2011
Agree with mr.laxman.. Appoint an advocate. Also he have to work out for succeed your case.
girish shringi
(Expert) 01 September 2011
I am agree with the experts.
