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Farukh Ahmed vs. Abdul Qayyum & Ors.

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Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Rajasthan Minor Minerals Concession Rules, 2017–Rules 27 & 28 (3)–Contract Act, 1872–Sec. 23–Denial from granting the temporary injunction–Appreciation of–Suit for specific performance of the agreement in regard to mining quary–Observation of the Trial Court that only a licensee is competent to excavate, stock, or sell the mineral and that, no written permission from the competent authority was produced by either side authorizing the appellant to carry out excavation–It was rightly observed that the agreement was hit by Sec. 23 of the Indian Contract Act–Essential ingredients for granting the temporary injunction were also not found to be existed–Any interim indulgence at this stage would virtually amount to granting the very relief claimed in the main suit which is impermissible in law–No perversity or illegality is found in the impugned order.