SAVITHRI Vs. R.V. DATTA RAJESH

JUDGEMENT

(1.) Heard the learned counsel for the appellants and learned counsel for the respondent.

(2.) This appeal is filed against the order passed on I.A.No.1 filed under Order 39, Rule 1 and 2 of CPC to restrain the defendants from alienating or encumbering the suit schedule properties to any third party, till the disposal of the suit.

(3.) The main contention of the plaintiff in the suit is that there was a sale agreement for an amount of Rs.1,08,20,600.00 and received an advance amount of Rs.16,23,090.00 and also subsequently, received an amount of Rs.18,00,000.00 and in all, the defendants have received an amount of Rs.34,23,090.00. But, the defendants are not ready to execute the sale deed. Hence, he issued legal notice on 29/4/2015 calling upon the defendants to execute the sale deed by receiving balance consideration amount. But, the defendants have given an untenable reply. Even though he was always ready and willing to perform his part of agreement, but, the defendants are not ready to execute the sale deed. Hence, he filed the suit. The plaintiff inter-alia has also sought for an order of temporary injunction restraining the defendants from alienating or encumbering the suit schedule properties to any third party.