Law:

Section:

(a) Specific Relief. Act (I of 1877)-------S. 12---Civil Procedure Code (V of 1908), O.XXXIX, Rr. I & 2---Interim injunction, grant of---Specific performance of agreement to sell---Condition of deposit of balance consideration amount---Agreement, in the present case, between the parties was not a simple agreement in nature of sale purchase of immovable property, rather it was for development of the suit land, enabling plaintiffs to develop the land and sell plots to third parties and to pay amounts to defendants from the sale proceeds of such sales, though within a specified period as stipulated in the agreement---Trial Court granted interim injunction with a condition to deposit the balance consideration amount--­Validity---Not rule of law that essentially in all the cases of specific performance, while granting temporary injunction to the plaintiff, the Court should impose condition of deposit of balance consideration---Imposing of such condition depended upon facts and circumstances of the case enabling the Court to exercise its discretionary equitable relief---As the defendants prima facie were found at fault in not handing over the entire suit land to the plaintiffs for the purpose of such development, imposition of condition for the deposit of the balance consideration in the facts and circumstances of the case, .would be harsh and against the settled rules for the exercise of discretion---Plaintiffs had established existence of prima facie case in their favour, balance of convenience was alao in their favour, for it was they who were to suffer irreparable loss in case temporary injunction was not issued and the condition of deposit of the remaining amount of consideration was not legally justified---Present agreement being not in the nature of direct sale but an agreement for development of the land into plots and thereafter sale of the developed plots and payment of the amount of consideration from the sale proceeds, therefore, the order of deposit of Rs.42 crores amounted to denial of the relief of temporary injunction to which the plaintiffs were entitled---High Court set aside the condition of deposit of balance consideration amount imposed by…

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