M. THIPPAIAH S/O. MUNIYAPPA AND SRI D.S. NAGARAJ S/O. SUBBARAYAPPA Vs. MR. JYOTHI PRASAD S/O. KRISHNAIAH SETTY, B. KISHORE KUMAR S/O. L.C. JAYAPRAKASH AND NARASAPPA

JUDGEMENT

(1.) 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 Code of Civil Procedure 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.

(2.) 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.