Despite service of notice to opposite party nos.3 and 4 they have neither appeared in person nor through counsel. This Court has already passed an interim order on 26.04.2019 which reads as under:-
1. Heard the learned counsel for the petitioner.
2. The petitioner prays for setting aside the order dated 02.02.2019 in Misc. Civil Appeal No. 51 of 2018 and for setting aside the order dated 26.05.2018 in Original Suit No. 543 of 2017. It has been submitted that the petitioner entered into an agreement for sale with the opposite party No. 3 & 4 for a residential land, apart of plot No. 925 situated in Abadi admeasuring 4096 square ft. within the municipal limits of Nagar Panchayat Dewa and also paid Rs. 10,000/- as advance. The total sale consideration agreed upon between the parties was Rs. 2,00,000/-. The opposite parties No. 3 & 4 did not adhere to the time limit fixed in the contract nor did they adhere to their promise to sell off the land on payment of remaining amount of rupees one lac, ninty thousands. The petitioner had to file a suit for specific performance namely Original Suit No. 543 of 2017 and he filed an application for temporary injunction therein to prohibit the respondent No. 3 & 4 to sell off the property in question or creak third party rights during the pendency of the suit.
3. Learned Civil Judge however, has rejected the application Paper No. Ga-6 and the appeal filed against such rejection has also been dismissed by the learned First Additional District Judge, Barabanki on 02.02.2019
4. Issue notice to the opposite party No. 3 & 4 returnable at an early date. The petitioner shall take steps within one week.
5. The office shall indicate the matter to be listed on 04.07.2019 for filing of counter affidavit on behalf of opposite party No. 3 & 4.
6. List for admission before appropriate Court.
7. Till the next date of listing no third party rights be created on the property in question.
An interim protection has been granted restraining the opposite parties not to create any third party rights. Since the opposite party nos.3 and 4 have not filed any objections seeking vacation of the order passed or against the application for interim relief/petition, it is thus imperative that respondent nos.3 and 4 have no objection to the order passed by this Court.
Be that as it may, the interim order passed by this Court shall remain intact during pendency of the suit which itself may be decided expeditiously and without allowing any delay to be caused. The petitioner undertakes to co-operate with the suit proceedings and has assured that he shall not take any adjournment. The above order is made absolute subject to the outcome of suit proceedings.
The petition is disposed of accordingly.
Order Date :- 28.8.2019/Shahnaz