Case Note & Summary
The plaintiffs, M/s. Pride Associates and others, filed a suit for specific performance of an Agreement for Sale dated 4th June 2005 for a property in Andheri East, Mumbai. They also took out a Notice of Motion seeking appointment of a Court Receiver and interim injunction restraining the defendants from dealing with the property. The court noted that the plaintiffs failed to file an affidavit in support of the application as required under Order XXXIX Rule 3 CPC. The court also found that the plaintiffs did not make out a prima facie case because the agreement was executed by only some of the co-owners and there were disputes regarding title and possession. The balance of convenience was not in favor of the plaintiffs, and no irreparable loss was shown. Consequently, the Notice of Motion was dismissed with no order as to costs.
Headnote
A) Civil Procedure - Interim Injunction - Order XXXIX Rule 3 CPC - Non-Compliance - The plaintiffs failed to comply with the mandatory requirement under Order XXXIX Rule 3 CPC to file an affidavit in support of the application for temporary injunction, leading to dismissal of the Notice of Motion. (Para 6) B) Specific Performance - Prima Facie Case - Agreement for Sale - The plaintiffs did not make out a prima facie case for grant of interim relief as the suit agreement was executed by only some of the co-owners and there were disputes regarding title and possession. (Paras 7-8) C) Civil Procedure - Appointment of Receiver - The court declined to appoint a receiver as the plaintiffs failed to show any urgency or risk of alienation that could not be compensated by damages. (Para 9)
Issue of Consideration
Whether the plaintiffs are entitled to appointment of a Court Receiver and interim injunction restraining the defendants from dealing with the suit property pending disposal of the suit for specific performance.
Final Decision
The Notice of Motion is dismissed with no order as to costs.
Law Points
- Specific performance
- Agreement for sale
- Prima facie case
- Balance of convenience
- Irreparable loss
- Order XXXIX Rule 3 CPC
- Appointment of receiver
- Interim injunction
