IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Appeal From Order No. 188 of 2009 Uttam Singh …… Appellant Versus Dharmendra Singh and others …… Respondents …….. Mr. Sharad Sharma, Senior Advocate with Mr. Gopal K. Verma, Advocate for the appellant Mr. V.K.Kohli, Senior Advocate with Mr. T.C.Pande, Advocate for the respondents. Hon’ble V.K. GUPTA, C. J. After hearing the detailed arguments of the learned counsel for the parties and upon perusal of the impugned order dated 16.05.2009, I feel convinced that the learned Court below was justified in rejecting the Temporary Injunction Application of the appellant-plaintiff, because in the facts and circumstances of the case, the appellant-plaintiff could not succeed in establishing a case for the grant of Temporary Injunction, specially the fact about the unexplained delay in approaching the Court for filing the Suit for specific performance after the execution of the Agreement to Sell. I need not go any further in the matter because of the pending Suit between the parties. The appeal is dismissed. However, the learned Court below is directed to expedite the disposal of the Suit and ensure that all steps are taken by it for very very expeditious disposal of the Suit. (V. K. Gupta, C.J.) 09.06.2009 A