M PREMANAND KAMATH Vs. B HEMAVATHI AND ORS

JUDGEMENT

(1.) This appeal is filed by the plaintiff in O.S. No. 10107/2015 on the file of the Addl. City Civil Judge, Bengaluru. By order dated 12.02.2016, the learned trial judge dismissed the plaintiff's application I.A. No. 1, filed under Order 39 Rules 1 and 2 of CPC. Hence this appeal.

(2.) The plaintiff initiated a suit for mandatory injunction to restrain the defendants from executing compromise deed or confirmation deed or settlement deed or any other deed in favour of 3rd party in respect of the suit schedule properties during the registered agreements of sale remain in force. According to the plaintiff, the defendants executed four agreements of sale on 03.08.2012 and also a GPA. The defendants undertook to sell the said properties in his favour, and by executing the registered power of attorney, he transferred the possession also. The agreements of sale are also registered. On the same day there came into existence a joint development agreement also. Since the plaintiff learnt that the defendants were trying to create third party interest violating the terms of the agreement, the GPA and the joint development agreement, he filed the suit and also made an application for temporary injunction.

(3.) The defendants contended that the suit is not maintainable because the plaintiff should have filed a suit for specific performance. The plaintiff did not approach the court with clean hands. He also entered into number of transactions with many persons based on the agreements of sale, GPA and Joint Development agreement and therefore he is not entitled to equitable relief of injunction.