M R LAKSHMANAPPA Vs. RAMACHANDRA BHAT

JUDGEMENT

(1.) PETITIONER is 1st defendant in O. S. No. 2675/04, on the file of the 24 additional City Civil Judge, Bangalore city, filed by the respondent, for cancellation of the sale deed dated 5-6-2003 and for specific performance of the agreement of sale dated 15-4-2001 or in the alternative for a decree to refund the money paid under the agreement, along with interest at 24% per annum, from the date of filing the suit till the date of realisation.

(2.) RESPONDENT/plaintiff had filed LA 2, under Order 39, Rules 1 and 2 read with Section 151 CPC, praying for an order of temporary injunction, restraining the 2nd defendant, in the suit, from putting up any further construction on the suit schedule property. IA 3 was filed by him, under order 38, Rule 5 read with Section 151 cpc, praying for an order of attachment, before judgment, on the property described in the schedule of the application. The trial Court by its ad-interim order dated 17-4-2004 had allowed, both the applications. Petitioner has filed objections to the said applications and also the written statement to the suit. He has also filed LA 3, under Order 39, Rule 4 read with Section 151 CPC, to vacate the ad interim order of temporary injunction. The Trial Court by its order dated 19-3-2005 ha rejected the said application for vacating the injunction and has allowed IA 2 and 3 as prayed for.

(3.) M. F. A. 6494/05 was filed by the 2nd defendant in the suit, questioning the order, allowing IA 2, passed by the trial Court. The said appeal was allowed by this Court on 15-4-2006 and the matter was remitted back to the trial Court, for reconsideration of IA 2. Thereafter, the trial court by its order dated 3-6-2006 has dismissed IA 2, which having been questioned in this Court in MFA 6827/2006, was upheld, by judgment dated 27-10-2006.