1 SB Civil Writ Petition No.7308/2008 Ghanshyam & Anr. vs. Bhera Ram & Ors. S.B. Civil Writ Petition No.7308/2008 Ghanshyam and another. vs. Bhera Ram and others. Date : 4.2.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.Rakesh Arora, for the petitioners. Mr.Sanjeet Purohit, for the respondents. - - - - - Heard learned counsel for the parties. The petitioners/plaintiffs filed suit for specific performance of contract in the year 2007 on the basis of agreement to sale which is dated 20.2.1986. In that suit, the petitioners sought injunction against the defendants/respondents restraining them from alienating the property and for direction to maintain status quo. Said injunction application was dismissed by the trial court vide order dated 6.11.2007. The appellate court dismissed the petitioners' appeal against the order dated 6.11.2007 vide its order dated 2 SB Civil Writ Petition No.7308/2008 Ghanshyam & Anr. vs. Bhera Ram & Ors. 6.8.2008. Hence, this writ petition. According to learned counsel for the petitioners, in case, during pendency of this suit, if the property in question will be sold by the defendants and the purchasers will raise construction over the property, the whole purpose of the suit will be frustrated. I considered the submissions of learned counsel for the parties, considered the facts of the case from the plaint averments and also perused the agreement to sale dated 20.2.1986. Two courts below have considered all the facts in detail which I need not to narrate again. It appears that the two courts below found that there is no prima-facie case in favour of the plaintiffs and the agreement to sale set up is of the year 1986 and admittedly, the plaintiffs themselves purchased part of the property by another sale deed which is registered and that too purchased from the defendants. In totality, I do not find that the courts below have committed any error of jurisdiction or the orders are arbitrary and 3 SB Civil Writ Petition No.7308/2008 Ghanshyam & Anr. vs. Bhera Ram & Ors. capricious or even unjust. In view of the above, there is no merit in the writ petition and the same is hereby dismissed. (PRAKASH TATIA), J. S.Phophaliya