Law: Civil Procedure Code (V of 1908)

Section: 1,2

Keywords: Result: Appeal disposed of JUDGMENT ' Through the instant appeal, the appellant, Nazia Sohail, impugns the Order dated 15.01.2016, passed by the Court of learned Civil Judge 1st Class (West), Islamabad, whereby Respondent No, l's application under Order XXXIX, Rules 1 2 of the Code of Civil Procedure, 1908 ("C.P.C.") was allowed and the appellant was directed to maintain status quo regarding House No, 1313, Street No, 170, Sector G-11/.1, Islamabad ("suit house"), for a period of six months or till the disposal of the suit, whichever, is earlier. 2. The facts necessary for the disposal of this appeal are that on 10.07.2012, an agreement to sell was executed between the appellant and Respondent No, 1, whereby the appellant agreed to sell the suit house to Respondent No, 1 for a total sale consideration of Rs, 89,00,000/-, out of which Rs, 20,00,000/-was paid in advance and the Balance Rs, 69,00,000/- was payable on or before 10.09.2012, with a grace period of one week. This sale could not be completed within the period stipulated in the said agreement to sell. The parties are at variance on the question of the execution of a 'continuation agreement to sell' allegedly executed on 27.09.2012 between the appellant and Respondent No, 1, whereby the period within which the sale of the said house was to be completed, was extended to 15.11.2012. Apparently, Respondent No, 1 had two pay orders for an amount of Rs, 6870,000/-and Rs, 30,000/- (total Rs, 69,00,000/-) made in favour of the appellant. These pay orders were made on 12.11.2012 through the National Bank of Pakistan. 3. As the sale transaction between the appellant and Respondent No, 1 did not materialize, Respondent No, 1 on 11.02.2013 filed a suit for specific performance, recovery of amount, permanent and mandatory injunction before the Court of the learned Civil Judge, Islamabad. In the said suit, Respondent No, 1 prayed for a decree for specific performance of the agreement to sell dated 10.07.2012 and the disputed agreement dated 27.09.2012. In addition to this, Respondent No, 1 also prayed for the recovery of Rs, 20,00,000/- on account of damages for mental torture and Rs, 15,000/- per month as…

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