D. G. APPAYANNA Vs. A. M. SIDDAPPA

JUDGEMENT

(1.) Plaintiffs in O. S. No. 427/2015 on the file of Senior Civil Judge and JMFC., Devanahalli, have come up in this appeal impugning the order dated 30.09.2015 in dismissing their application in I.A.I. filed under Order 39 Rules 1 and 2 of CPC., for the relief of temporary injunction restraining defendants from alienating or encumbering the suit schedule property during the pendency of the said suit.

(2.) The brief facts of this case leading to this appeal are as under:-

(3.) It is stated in the plaint that initially, on 03.05.2007, plaintiffs had entered into an agreement of sale in respect of the suit schedule property with defendants and in suppression of the same, second agreement of sale dated 24.12.2012 is entered into between the same parties. Along with the agreement of sale, defendants have executed registered power of attorney dated 24.12.2012. Admittedly, defendants have agreed to sell the suit property to the plaintiffs for sale consideration of Rs. 1,50,15,000.00 (mentioned as Rs. 1,50,47,500.00 in the plaint). Out of that, part consideration of Rs. 67, 50,000.00 is paid by plaintiffs under various cheques from time to time and receipt of the said amount is accepted by defendants in the suit.