Shri G.N. Thimmegowda vs Smt. Lakshmi and Shri A. Venkatesh

V. Jagannathan, J.—Heard learned Counsel for the appellant and respondents though served, have remained absent and the appeal is disposed of finally at this stage itself.

Learned Counsel for the appellant submits that the plaintiff has preferred this appeal challenging the refusal on the part of the trial court to grant an order of temporary injunction on I.A. 1 filed by the appellant. Submission made is that the agreement of sale was entered into, between the parties and as per the terms of the agreement, appellant had paid Rs. 10 lakhs as advance amount, but the defendants have refused to execute the sale deed. The trial court had dismissed the application on the ground that the suit land is likely to be acquired by the KJADB for the purpose of Bangalore Mysore Infrastructure Corridor plan. Therefore, submission made is that, interest of the appellant be safeguarded as far as the advance money is concerned.

In view of the further submission made by the learned Counsel for the appellant that the evidence of the appellant is over and the case is posted for the evidence of the respondents defendants, at this stage it is unnecessary for this court to interfere, but however, as the case is likely to be over very soon. I direct the trial court to dispose of the suit itself within two months from the date of this order''s receipt and the appellant is also at liberty to canvass before the trial court as far as safe guarding his interest is concerned as the appellant submits that lie has paid Rs. 10 lakhs as earnest money to the defendants. Necessary application if filed by the appellant be considered by the trial court.

The appeal is disposed of in the above terms.