- (1.)The present appeal is arising out of the order dtd. 16/10/2019 in I.A.No.370 of 2019 in O.S.No.47 of 2019 on the file of the Court of the Principal District Judge, Mahabubnagar (for short, trial Court), wherein and whereby the application filed by the respondent herein for grant of restraint order against the appellants herein from alienating the suit schedule property was allowed.
(2.)The appellants herein are the respondents/defendants and the respondent herein is the petitioner/plaintiff in the above suit. For the sake of convenience, the parties hereinafter are referred to as they are arrayed in the above suit.
(3.)The case of the plaintiff is that he entered into an agreement of sale with the defendants on 6/6/2018 in respect of land admeasuring Ac.27-36 guntas in Sy.Nos.191, 192, 193, 195, 196 and 197, situated at Kodicherla Village, Kothur Mandal, Mahaboobnagar District. The agreed price was Rs.14,00,000.00 per acre and the total sale consideration was Rs.3,90,60,000.00. Prior to the agreement of sale i.e., on 13/3/2018, an amount of Rs.5,00,000.00 was paid by the plaintiff to M/s.C.S.K. Realtors Limited, as requested by the defendants, through a cheque. Further, the plaintiff has paid Rs.40,00,000.00 through a cheque dtd. 6/6/2018 on the date of agreement. It was also agreed that the defendants were to procure a way to the lands in Sy.Nos.191, 192 and 193 from the land owner of Sy.No.194, to have access to the said lands. It was agreed that the said obligation had to be discharged by the defendants within two months, failing which the agreement of sale gets terminated, unless time is extended by the plaintiff. The balance sale consideration was agreed to be paid within seven days from the date of compliance of condition of procuring the way to the lands in Sy.Nos.191, 192 and 193 by the defendants.