VINOD S. SHETTY Vs. KUMAR ACHARYA

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for respondent No.1.

(2.) This appeal is filed by the appellants/defendants challenging the order of injunction granted by the Trial Court against the defendants restraining them from encumbering, alienating or creating any third party interest over the plaint schedule property.

(3.) Learned counsel for the appellants would vehemently contend that agreement of sale is dtd. 9/5/2013 and suit was filed after ten years and time is the essence of the contract and the time fixed for performance of contract is six months. The counsel would contend that the Trial Court even though discussed with regard to condition Nos.4 and 5 of the agreement, but committed an error in allowing the application. Learned counsel would submit that conversion of the property was made in 2014 itself and all the owners of the property have not signed the agreement and out of 32 owners, only 13 have signed and delay has been caused at the instance of the learned counsel for the respondent No.1/plaintiff.