R.K. ASSOCIATES Vs. V. CHANNAPA AND OTHERS

JUDGEMENT

(1.) THE Revision Petition No. 4528 of 1991 is directed against the order, dated 10 -10 -1991 made on I. A. No. I in A. S. No. 1 of 199! by the learned Civil Judge and J.M.F.C., Ramanagaram, in so far as it imposes a condition that the petitioner should deposit a sum of Rs. 31,14,685/ - in court within seven days from the date of the order failing which temporary injunction granted should automatically cease. The Revision petition No. 340 of 1992 is filed by the the defendants against the same order passed on I. A. No. I in A. S. No. 1 of 1991, dated 10 -10 -1991 by the learned Civil Judge, Ramanagaram.

(2.) SINCE both the revision petitions arising out of common order, they are disposed of by common order.

(3.) ALONG with the suit, the plaintiff has filed I. A. No. I against the defendants under Section 41(i) read with Schedule II item 4 of the Arbitration Act, 1940 with a prayer to pass an order of temporary injunction pending disposal of Arbitration suit, restraining the defendants from alienating in any manner including by way of sale, mortgage, lease or parting with possession or otherwise of the schedule property and from interfering in any manner with the plaintiff, its employees, agents, contractors and all other persons authorised by it from having free ingress and egress to the schedule property and carrying out all developmental activities therein, in such manner as they deem fit including using all vehicles, equipment, tools and other materials.