RANJITH Vs. B. NALLASIVAM

JUDGEMENT

(1.) This Appeal has been filed challenging the Order of Temporary Injunction passed under Order 39, Rules 1 & 2 of the Civil Procedure Code by the learned III Additional District and Sessions Judge, Dharapuram.

(2.) The Respondent herein filed a Suit for Specific Performance against the Appellants stating that they, along with others, had entered into a Sale Agreement with him on 29/10/2020, in respect of the Suit scheduled property; that he had paid an advance of Rs.25,00,000.00 (Rupees Twenty Five Lakhs Only) out of the agreed Sale consideration of Rs.83,58,000.00 (Rupees Eighty Three Lakhs Fifty-Eight Thousand Only); that the Respondent could not pay the balance Sale consideration and get the Sale Deed executed since there was a Partition Suit pending between the Appellants and their CoSharers; that the Respondent helped the Appellants in obtaining certain documents and also helped the parties in arriving at a compromise in the Partition Suit; that the Respondent issued a pre-suit notice; that after the Compromise Decree since the Appellants did not come forward to execute the Sale Deed, he had filed the Suit for Specific Performance. The Respondent also filed a Petition for a temporary Injunction to restrain the Appellants from alienating the Suit Schedule property till the disposal of the Suit.

(3.) The Appellants filed a counter denying all the averments made in the Affidavit in support of the Injunction application and stated that the Agreement is invalid, and the Respondent had fabricated the Agreement by misusing signed blank Stamp Papers, which were handed over while receiving a Loan of Rs.25,00,000.00 (Rupees Twenty Five Lakhs Only); that the Loan from the Respondent is now sought to be treated as an advance amount for the sale of property; and that there is no prima facie case made out and the balance of convenience lies in favour of the Appellants.