P PANDIAN Vs. T ARUL JOTHI

JUDGEMENT

(1.) THIS Civil Revision Petition is filed under Article 227 of the Constitution of India against the order dated 12.12.2008 made in I.A. No. 40 of 2008 in O.S. N0.28 of 2008 on the file of the learned Principal District Judge, Dharmapuri.

(2.) THE Plaintiff is the Petitioner and the Respondents are the Defendants 1 and 2. THE Plaintiff filed O.S. No.28 of 2008 on the file of the Principal District Court, Dharmapuri, praying for a decree of specific performance to enforce the terms of the Sale Agreement dated 30.5.2005 entered into between the Petitioner and the First Respondent herein in respect of the Suit property.

(3.) THE Petitioner herein resisted the Application by filing a Counter Affidavit inter alia contending that the cause of action though arising out of the Sale Agreement dated 30.5.2004 the cause of action for Suit, for specific performance was different and the Petitioner had filed O.S. No.331 of 2005 before the District Munsif Court, Harur, only for a relief of permanent injunction to forbear the First Respondent from encumbering the Suit Property and the Suit is still pending and no decision has been rendered on merits. Further, the District Munsif Court, Harur, granted an order of interim injunction in I.A. No. 1217 of 2005 and even during the subsistence of the order of injunction, the First Respondent created a mortgage on the Suit property and the Petitioner has filed an Application for initiating Contempt proceedings against the First Respondent that the First Respondent agreed to sell the Suit property and entered into the Suit Sale Agreement on 30.5.2004 and the sale had to be completed within a period of 18 months which had come to an end on 30.11.2005 and it is only thereafter the Petitioner gets a right to enforce such an agreement and therefore, the subsequent Suit is not barred.