Sri. M. Thippaiah and Sri D.S. Nagaraj vs Mr. Jyothi Prasad Setty, B. Kishore Kumar and Narasappa

Ram Mohan Reddy, J.—The Defendants 2 & 3 in O.S. 900/06 on the file of the Civil Judge (Sr.Dn.) & JMFC, Devanahalli, aggrieved by the order dt. 11/8/2009 allowing 1.A. No. 1 under Order 39 Rules 1 & 2 CPC directing ad-interim order of temporary injunction restraining the Petitioners from alienating the suit schedule property pending disposal of the suit, filed M.A. 70/09 whence the Prl. District Judge, Bangalore Rural District, by order dt. 8/2/2010, dismissed the appeal. Hence this petition.

Heard Sri Venkata Reddy, learned Sr. Counsel for the Petitioner, and perused the orders impugned. The courts below concurrently held that the Plaintiffs made out a prima facie case that the agreement for sale dt. 14/1/2005 of the suit schedule property in question was earlier in point of time to that of the agreement dt. 21/4/2005 with Defendants 2 and 3, and that the 1st Defendant suppressed that fact of sale transaction with the Plaintiffs and having regard to the fact that the dispute brought before court was for specific performance of an agreement of sale, requiring appreciation of evidence, the balance of convenience and greater hardship was with the Plaintiffs and accordingly directed the Petitioners not to alienate the suit schedule property during the pendency of the suit. The relief being both discretionary and equitable, no exception can be taken to the reasons, findings and conclusions arrived at by the courts below in the orders impugned.

There is force in the contention of Sri Venkata Reddy, learned Counsel, that the court below be directed to dispose of the suit as expeditiously as possible, provided the parties cooperate in adducing the evidence and conclude the trial, within a time frame. Since the his brought before the trial Court is of the year 2005 (Old No. O.S.7841/05). I think it appropriate to direct the court below to frame issues, since pleadings are complete, and proceed to record the evidence of the witness and conclude the enquiry on or before 30/6/2011 and thereafter pass a judgment and decree.