Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 8879 of 2018 Petitioner :- Farukh Respondent :- Mustakim Counsel for Petitioner :- Ramesh Chandra Srivastava,Priyavrat Tripathi
Hon'ble Mrs. Sunita Agarwal,J.
The present petition is directed against the orders of rejection of temporary injunction application. The suit for permanent injunction has been filed on the basis of an agreement to sell dated 25.09.2015.
Learned counsel for the petitioner submits that the passing of sale consideration to the defendant has been proved by the plaintiff and it was also proved that the registration of tractor was transferred in the name of the petitioner/plaintiff in R.T.O office.
The court below has recorded a categorical finding that the transfer of registration, allegedly in the name of the petitioner, is a result of fraud committed by the plaintiff with the assistance of the officers of R.T.O department. The criminal complaint was registered against the petitioner as also the officers of R.T.O department and charge sheet has now been submitted.
In view of these findings, no interference can be made in the orders of rejection of temporary injunction application. Admittedly, no sale deed has been executed in favour of the plaintiff.
For the aforesaid, no infirmity is found in the order impugned. The present petition is dismissed as such.
Order Date :- 29.11.2018 Himanshu