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Supreme Court of India 2019-12-17 dismissed

SAKETA VAKSANA LLP vs KAUKUTLA SARALA

Bench: 2 — Indu Malhotra, Ajay Rastogi

In Brief

An agricultural land developer (appellant) entered into an agreement to purchase approximately 54 acres from landowners (respondents) for ₹46 lakh per acre. The developer obtained registered agreements for 36 acres but disputed remained over payment of balance consideration for the remaining 17 acres. The developer obtained a temporary injunction from the trial court restraining respondents from interfering with possession. The High Court vacated this injunction, finding serious factual disputes regarding whether physical possession was handed over and whether partial payment was made. The Supreme Court affirmed the High Court, holding that these disputed questions must be resolved at trial, and that the existing injunction against alienation sufficiently protects the developer's interest pending final judgment."

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Civil Procedure Interim Injunctions Temporary Restraining Orders Possession Contract Law Sale of Agricultural Land

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