Sri Brahmrishi Ashram vs M.Munisapthagiri Reddy
2022 Latest Caselaw 9693 AP

                                                                                                  69
                   HIGH COURT OF ANDHRA PRADESH : AMARAVATI

        MAIN CASE:         A.S.No.266 of 2022
                                       PROCEEDINGS SHEET
Sl.     DATE                                          ORDER                                       OFFICE
                                                                                                   NOTE
No.

                                               (Through Physical Mode)
6.    15.12.2022
                                               A.S.No.266 of 2022

                           Post for hearing after Sankranthi Vacation, 2023.

                                                 I.A.No.1 of 2022

                           Though the relief prayed for by the appellant/plaintiff for
                   specific performance of agreement of sale has been rejected by the
                   trial Court, granting only the alternative relief of refund of advance
                   amount, and despite the fact that the plaintiff's application for grant
                   of temporary injunction pending disposal of the suit was dismissed by
                   the trial Court citing principles of lis pendens under Section 52 of the
                   Transfer of Property Act, 1882, we are inclined to exercise our judicial
                   discretion     to   grant   temporary    injunction   in   favour   of   the
                   appellant/plaintiff in this appeal suit in the teeth of the observation
                   made by the trial Court in the impugned judgment, particularly, at
                   paragraph 13.2, indicating that there is an effort by some of the
                   defendants to defeat the plaintiff's claim by executing sale deeds in
                   favour of others during pendency of the suit, and also having regard
                   to the fact that the plaintiff has already paid a sum of Rs.75,00,000/-
                   to the proposed vendors at the time of execution of the agreement of
                   sale.
                           Accordingly, we hereby grant temporary injunction restraining
                   the respondents from alienating the suit schedule property or

creating any third party interest therein during pendency of this appeal suit.

PRASHANT KUMAR MISHRA, CJ NINALA JAYASURYA, J IBL Sl. DATE ORDER OFFICE NOTE No.