RAMAKANT GAJANAN KADAM Vs. ABHISHEK K. RAI

JUDGEMENT

(1.) THIS appeal is directed against the order dated 8.7.2013 passed by Ad -hoc Civil Judge, Senior Division, Bicholim restraining the appellants from creating any third party interests in the suit property until further orders.

(2.) THE appellants are the owners of the suit property and respondent is the original plaintiff who has filed a civil suit for specific performance of contract in respect of the suit property against the appellants. He also filed a temporary injunction application seeking a restrainment of the appellants from dealing with the suit property and creating any third party interest therein.

(3.) THE respondent further submitted that he was surprised to come across a public notice published in the local daily newspaper calling for objections from the members of public with regard to the sale of the suit property. The respondent immediately sent his objection on 1.7.2010 to the appellants. The appellants, however, instead of taking steps for execution of the sale deed, sent a legal notice to the respondent trying to rescind the agreement for alleged non -performance of the part of the contract by the respondent, though the appellants never demanded from the respondent balance consideration of the amount. They also sent a pay order for Rs.1,40,000/ - to the respondent, in an attempt to refund part consideration received by the appellants. The respondent sent a notice calling upon the appellants to execute the sale deed but, in vain. The respondent, therefore, filed a suit for a specific performance of the contract stating that he was always ready and willing to perform his part of the contract. Apprehending irreparable loss, respondent also filed an application for temporary injunction for grant of injunction.