RAMESHWARAM SUPRIYA Vs. RAMESHWARAM BALAMMA

JUDGEMENT

(1.) The Appeal is directed against the Order dated 10.02.2020 of the learned II Additional District Judge, R.R. District at L.B. Nagar allowing I.A.No. 2036 of 2018 in O.S.No. 1545 of 2017, filed under Order XXXIX Rules 1 and 2 CPC, restraining the appellant - plaintiff from interfering with the peaceful possession and enjoyment of the respondents - defendants over the petition schedule property, pending disposal of the suit.

(2.) The case of the appellant - plaintiff is that Rs. 17.5 lacs was paid by her for purchase of Ac.0.07 guntas of land in Survey No. 324/A, Vattinagulapalli Village, Rajender Nagar Mandal, R.R. District and as the respondents failed to execute the sale deed, the suit was filed for specific performance of agreement of sale dated 07.04.2016 and the said suit is pending adjudication. While things stood thus, the respondents - defendants had come up with the subject Application making false allegation that their possession was interfered with and prayed for injunction. It is the assertion of the appellant that the respondents are not in possession of the property and the Court below, without appreciating the material placed before it and without considering the irreparable loss and balance of convenience that would be caused, had granted injunction.

(3.) Heard learned counsel for the appellant as well as learned counsel for the respondents.