SAGAYALATHA Vs. H.S. RAMESH

JUDGEMENT

(1.) This Misc.First Appeal under Order 43 Rule 1 (r) of the CPC is filed by the appellants challenging the order dtd. 14/11/2024 passed by the learned Sr.Civil Judge and JMFC, Kollegala, in OS NO.41/2023 on I.A.No.2 filed under Order 39 Rule 1 and 2 of CPC wherein, the learned trial Court was pleased to allow the application and temporarily restrained the defendants, their men, agents and anyone claiming under them from interfering with the peaceful possession and enjoyment of the 'Schedule - A to C' properties (excluding the house), until disposal of the suit.

(2.) The present appeal seeks to challenge the said order on the ground that, learned trial Court erred in granting the temporary injunction in favour of plaintiffs- respondents without appreciating the facts in their entirety and the legal position governing the dispute.

(3.) The facts giving rise to the present appeal are: that the respondents herein had instituted OS No.41/2023 before the trial Court seeking relief of specific performance in respect of properties described in the suit schedule as item Nos.A, B, C and D. According to the plaintiff, he and the defendants are known to each other for over decades and had several business transactions since the year 2004. The plaintiffs case is that, in view of the financial difficulties faced by the appellants, the first appellant, on behalf of her husband (second appellant) who is said to be the actual owner of the suit properties, entered into an agreement to sell the properties to the plaintiff.