B.S. Patil, J. - (1.) THIS appeal is filed challenging the order dated 09.03.2015 passed in O.S. No. 26001/201 thereby dismissing the application filed by the plaintiffs - appellants herein under Order XXXIX Rules 1 & 2 CPC.
(2.) APPELLANTS are the plaintiffs before the Trial Court. They have filed the suit seeking specific performance of the Sale Agreement dated 01.03.2010 entered into by defendant No. 1 in favour of the plaintiffs agreeing to sell the suit schedule property for total sale consideration of Rs. 36 lakhs. The plaint averments disclose that defendant No. 1 received a sum of Rs. 10 lakhs at the time of agreement and agreed to receive the balance consideration later. It is necessary to notice that defendant No. 1 sold the property to defendant No. 2 on 30.08.2010 and defendant No. 2 in turn sold it to defendants 3 & 4 on 03.02.2011 and the suit came to be instituted subsequently on 13.06.2011 only against defendant No. 1, the original owner of the property. Defendants 2 to 4 have been subsequently impleaded by the plaintiff.
(3.) AN application was filed under Order XXXIX Rules 1 & 2 CPC by the plaintiffs seeking temporary injunction. Defendants 3 & 4 resisted the suit by filing objections to the I.A. and also the written statement. They have taken up a plea that the suit filed was frivolous and vexatious and the assertion made by the plaintiffs regarding execution of the agreement by defendant No. 1 to sell the property in favour of the plaintiffs was false and that plaintiffs have approached the Court by fabricating and creating false documents.;