Code of Civil Procedure, 1908–Order 39, Rules 1 & 2 r/w. Sec. 151–Application under–Partly allowed–Suit for specific performance of contract, cancellation of sale deed and permanent injunction was filed by appellant-plaintiff–Prior to filing instant suit, respondent no. 7 had filed a suit and it was decided by way of compromise and sale deed was executed in his favour–Meaning thereby, respondent no. 7 was put in the possession–This fact has also not been disputed by the plaintiff–Held, this Court is not inclined to interfere with the findings of Trial Court to the extent of non-grant of injunction qua the possession and user of property by respondent no. 7–But the proceedings are being undertaken by UIT to grant the pattas in favour of subsequent purchasers–Held, respondent no. 7 should be restrained from creating the third party rights in the property in question till the disposal of the suit–Directed accordingly.


