NAMITA KUMARI JENA Vs. MONINGI RAJANI

JUDGEMENT

(1.) THIS appeal is against the common order dated 02.08.2011 passed by learned Civil Judge (Senior Division), Berhampur in I.A. No.115 of 20103 and I.A. No.16 of 2011 arising out of C.S. No.478 of 2010.

(2.) THE present Appellant is the plaintiff in the civil suit and petitioner in the I.A. No.115 of 2010 whereas the Respondents are the defendants -opposite parties before the lower court. In I.A. No.16 of 2011, the defendants are the petitioners and the plaintiff is the opposite party.

(3.) THE Appellant as plaintiff has filed the suit against the Respondents -defendants for specific performance of contract executed by late M. Prasad Rao, the husband of the Respondent No.1 and father of Respondent No.2. It is asserted in the plaint that during life time of M. Prasad Rao, he executed two unregistered Chuktinama, one on 17.10.2002 and another on 16.01.2005 for the self -same property, agreeing to execute sale deed in the name of Appellant to alienate the suit land within eleven months of final disposal of T.S. No.5 of 1983 in the court of Civil Judge (Senior Division), Berhampur, admitting to have received Rs.30,00,000/ - in advance under agreement dated 17.10.2002 and Rs.13,00,000/ - under agreement dated 16.01.2005. In the meanwhile, said M. Prasad Rao has died on 19.02.2007 leaving behind the defendants as his legal heirs and successors to the suit property. It is alleged that the defendants are trying to alienate the suit schedule land creating third party interest. Therefore, the plaintiff filed the suit for permanent injunction restraining the defendants not to alienate/sale/mortgage/lease out or to make agreement creating third party interest in the suit property.