- (1.) Heard Sri Ramendra Asthana, learned counsel for the appellants and Sri Atul Kumar Srivastava, learned counsel for the defendant-respondent no.1.
(2.) This second appeal has been filed by the plaintiff- appellants against the judgment and decree dated 21.8.2018 whereby the lower appellate court has dismissed the Civil Appeal No. 16 of 2015 filed by the plaintiff-appellants affirming the decree of the trial court dated 16.12.2014 and dismissing the suit of the plaintiffs for grant of decree of permanent injunction restraining the defendants from selling the land in dispute.
(3.) The facts as reflect from the record are thus: Original Suit No. 739 of 2006 was filed by the plaintiffs for grant of permanent injunction restraining the defendants from selling the land in question to anybody else except them. An agreement to sell was executed by the defendants in favour of the plaintiff on 5.1.2004 for total sale consideration of Rs. 1, 25,000/- (One lacs Twenty Five Thousands), out of which an amount of Rs. 75,000/- (Seventy Five Thousands) was paid towards earnest money and the rest amount was agreed to be paid within a year at the time of execution of sale-deed. ;