C.R. No. 177 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 177 of 2011 (O&M) Date of decision : 27.1.2011 Dharminder Singh ......Petitioner Versus Gulzar Singh .......Respondent ***** CORAM: HON'BLE MRS. JUSTICE SABINA Present : Mr. I.P.S. Kohli, Advocate, for the petitioner. **** SABINA, J. Plaintiff-Gulzar Singh had filed a suit for specific performance of agreement to sell dated 27.11.2003 executed by Sampuran Singh (since deceased) in his favour. Alongwith the suit an application under Order 39 Rule 1 and 2 of the Code of Civil Procedure was filed. Vide order dated 23.2.2010, Additional Civil Judge (Junior Division), Naraingarh restrained the respondents from alienating/selling the suit property till the final decision of the suit. The said order was upheld by Additional District Judge, Ambala vide order dated 18.12.2010 in an appeal filed by the defendants. Hence, the present petition by defendant-Dharminder Singh. After hearing the learned counsel for the petitioner, I am of the opinion that the instant petition deserves dismissal. C.R. No. 177 of 2011 (O&M) 2 Plaintiff had filed suit for specific performance basing his claim on agreement to sell dated 27.11.2003 executed by Sampuran Singh (since deceased) in his favour. After the death of Sampuran Singh, his property has been inherited by the private defendants. The Courts below have restrained the defendants from alienating the suit property during the pendency of the suit. The said order would ensure that no third party interest is involved during the pendency of the suit. The impugned order cannot be said to be illegal or without jurisdiction and hence calls for no interference. Dismissed. (SABINA) JUDGE January 27, 2011 Anand