FRANCISCO MASCARENHAS Vs. PRAKASH MANGUESH ADARKAR

JUDGEMENT

(1.) HEARD Advocate Mr. Lotlikar for the appellants. None appears for the respondents, though served.

(2.) THIS is an appeal against the order passed by the Civil Judge, Senior Division, Quepem, dismissing the appellants plaintiffs application for temporary injunction, seeking interim relief against the defendants.

(3.) THE plaintiffs came with the case that there existed a landed property situated at Sanguem which was the suit property and purchased by the plaintiffs while sale deed dated 9/3/1978. Defendant no. 1 approached the plaintiffs with a proposal to buy the said property for developing the same by construction of a multistoryed building therein, after demolishing the existing house, whereupon after initial negotiations the documents of title in possession of the plaintiffs were shown to the defendant no. 1. The plaintiffs informed defendant no. 1 that the said family of Premanand Madkaikar resided in the said house as rent paying tenant of the plaintiffs and the defendant no. 1 agreed to hold negotiations with the plaintiffs' said tenant Madkaikar so as to clear the encumbrance of tenancy of the suit property. Accordingly, the agreement was executed on 29/1/2000 and it was agreed in the agreement that plaintiffs shall sell the property to the defendant no. 1 for a cash consideration of Rs. 1,20,000/, in addition to one shop and a double bedroom flat, to be allotted by the defendant no. 1 to the plaintiffs in the building in the suit property. However, though unreasonable long time expired, the defendant no. 1 did not furnish to the plaintiffs' the plan of the flat and the shop and the dispute occurred which resulted in a suit, wherein, an application for temporary injunction also came to be filed. The defendant no. 1 challenged the application on merits and it was adjudicated by the learned trial Judge, coming to the conclusion that plaintiffs had not made out prima facie case against the defendants. Hence, the present appeal.