LAWS(KAR)-2010-3-166

G.N. THIMMEGOWDA S/O SHRI NARAYANAPPA Vs. SMT. LAKSHMI W/O SHRI A. VENKATESH AND SHRI A. VENKATESH S/O LATE APPAIAH

Decided On March 19, 2010
G.N. Thimmegowda S/O Shri Narayanappa Appellant
V/S
Smt. Lakshmi W/O Shri A. Venkatesh And Shri A. Venkatesh S/O Late Appaiah Respondents

JUDGEMENT

(1.) HEARD learned Counsel for the appellant and respondents though served, have remained absent and the appeal is disposed of finally at this stage itself.

(2.) LEARNED Counsel for the appellant submits that the plaintiff has preferred this appeal challenging the refusal on the part of the trial court to grant an order of temporary injunction on I.A. 1 filed by the appellant. Submission made is that the agreement of sale was entered into, between the parties and as per the terms of the agreement, appellant had paid Rs. 10 lakhs as advance amount, but the defendants have refused to execute the sale deed. The trial court had dismissed the application on the ground that the suit land is likely to be acquired by the KJADB for the purpose of Bangalore Mysore Infrastructure Corridor plan. Therefore, submission made is that, interest of the appellant be safeguarded as far as the advance money is concerned.

(3.) THE appeal is disposed of in the above terms.