C.R. No. 3572 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 3572 of 2010 (O&M) Date of decision: 28.05.2010 M/s A.G.M. Management Services Limited .....Petitioner Versus Shri Rajesh Sharma and others ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD K.SHARMA Present:- Mr. Gurinder Pal Singh, Advocate, for the petitioner. Mr. Kul Bhushan Sharma, Advocate, for the caveators. VINOD K.SHARMA, J. (ORAL) Petitioner, the registered owner of the property, has challenged the order dated 14.1.2010, passed by the learned Courts below on an application moved under Order 39 Rules 1 and 2 of the Code of Civil Procedure, vide which the petitioner has been restrained from alienating or changing the nature of the property during the pendency of the suit. The plaintiff/respondents, filed a suit for specific performance of agreement to sell, which is being contested. Though prima facie the plaintiff/respondents at this stage does not have any title to the property, which could entitled them to claim injunction, but the orders passed by the learned Courts below are in the nature of settling equities, between the parties, which may not call for any interference, in view of stand taken by the learned counsel for the parties. The learned counsel for the petitioner undertakes on behalf of the petitioner not to dispose off the property during the pendency of the C.R. No. 3572 of 2010 (O&M) -2- litigation between the parties. He has further undertaken, that if the petitioner is permitted to enjoy the property by raising some construction thereon, it would remove the malba, in case, the plaintiff/respondents succeed in getting a decree for specific performance. It would also not claim any damages or compensation for improvement made. In view of stand taken, it is made clear, that raising of construction will not create any equity in its favour, to deny the plaintiff/respondents, the discretionary relief of specific performance, on this account. The learned counsel appearing on behalf of the caveator/respondents accepts this statement of the learned counsel for the petitioner. In view of stand taken by the learned counsel for the parties, the order passed by learned Courts below is modified, while maintaining injunction against alienation, it is ordered that the petitioner shall be entitled to use of property as owner, without any restriction, but this shall be subject to undertaking referred to above. The construction raised or improvement made shall not create any equity in favour of the petitioner. Revision disposed off. (Vinod K. Sharma) Judge May 28, 2010 R.S.