A.N. NAGARAJAIAH Vs. B. ARAVIND

JUDGEMENT

(1.) This is a first defendant's writ petition challenging the orders passed by the Courts below concurrently holding that the plaintiff is in lawful possession of the suit schedule property and therefore, he is entitled to an order of temporary injunction.

(2.) The case of the first defendant is that, one Smt.Nanjamma was the owner of land bearing Sy.No.69/2 measuring 2 acres 12 cents. He entered into an agreement to purchase the said property on 27-06-05 and Six months was stipulated for completion of the transaction. In the meanwhile, Nanjamma died and he was constrained to file a suit for specific performance of the agreement of sale against her L.Rs. But the L.Rs. of Nanjamma have executed a registered sale deed in favour of the plaintiff to an extent of 1 acre and the plaintiff has filed suit for declaration of title and for permanent injunction. The plaintiff has also filed an application for grant of temporary injunction.

(3.) After contest, the trial Court granted an order of temporary injunction in favour of the plaintiff. The said order was challenged by the 1st defendant by preferring an appeal. The appeal came to be dismissed. Therefore, the present writ petition is filed.