- 1 - NC: 2025:KHC:11256 MFA No. 1208 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.1208 OF 2025 (CPC) BETWEEN: SMT. MANASA. M W/O MAMATHESH GOWDA, AGED ABOUT 29 YEARS, R/A HALASAHALLI VILLAGE, DASARAHALLI POST, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT – 562114. …APPELLANT (BY SRI. D.R. RAVISHANKAR SENIOR ADVOCATE A/W; SRI. SARAVANA S.ADVOCATE) AND: 1. SRI. M. C. MUNIGOWDA S/O LATE CHANNAPPA, AGED ABOUT 57 YEARS, R/A NO.18, NEAR VENUGOPALA SWAMY TEMPLE, MYLARAPURA VILLAGE, JADIGENANALLI HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT, BENGALURU – 562114. 2. SRI.S.SURESH CHANDAR, S/O LATE T.G.SUNDARAMURTHY, AGED ABOUT 69 YEARS, R/A NO.63, 4TH MAIN, 2ND CROSS, CHANDRAMMA LAYOUT, DODDABANASAWADI, BANGALORE – 560 043. Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11256 MFA No. 1208 of 2025 PRESENTLY AT NO. BPH-3, MANTRI SQUARE SPLENDOR APARTMENTS, HENNUR ROAD, GIDDALAHALLI, BANGALORE – 560 077. …RESPONDENTS (BY SRI. N. S BHAT ADVOCATE FOR C/R1; R2- NOTICE DISPENSED WITH) THIS MFA HAS FILED UNDERORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 22.1.2025 PASSED ON I.A. NO.1 IN O.S.NO.11/2025 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HOSAKOTE, ALLOWING THE I.A. NO.1 FILED UNDER ORDER XXXIX RULE 1 AND 2 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Though the matter is listed for admission, but with consent of both the learned counsels appearing for the parties, the matter is taken up for final disposal. 2. Defendant No.2 in O.S.No.11/2025 (appellant herein) has filed this appeal being aggrieved by the order dated 22.01.2025 passed on I.A.No.I filed under Order XXXIX Rules 1 and 2 read with Section 151 of CPC in O.S.No.11/2025 by the Senior Civil Judge and JMFC, Hosakote (hereinafter referred to as ‘the Trial Court’ for - 3 - NC: 2025:KHC:11256 MFA No. 1208 of 2025 short), thereby, allowing the application and restraining defendant No.2 from alienating the suit schedule properties. 3. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Trial Court. 4. The plaintiff has filed suit for specific performance of contract taking pleading in the plaint that defendant No.1 is the absolute owner of the suit schedule property and there was an agreement of sale between the plaintiff and defendant No.1 for a total sale consideration of Rs.4,50,00,000/- executed on 07.08.2021 and the plaintiff has paid sum of Rs.50,00,000/- as advance amount and for payment of balance consideration of Rs.4,00,00,000/- and for execution of the sale deed time stipulated was four months. It is alleged that during subsistence of the agreement of sale, defendant No.1 has sold the schedule property in favour of defendant No.2 - 4 - NC: 2025:KHC:11256 MFA No. 1208 of 2025 (appellant herein). Therefore, the plaintiff has filed suit for specific performance of contract after lapse of four years by contending that he is ever ready and willing to perform his part of contract and also filed an application under Order XXXIX Rules 1 and 2 read with Section 151 of CPC for temporary injunction restraining defendant No.2 from making an alienation and the Trial Court has granted an order of temporary injunction. 5. Being aggrieved by it, defendant No.2 has preferred instant appeal. 6. The Trial Court while allowing the application assigned reasons that defendant No.2 has admitted the execution of the agreement of sale and during the subsistence of agreement of sale defendant No.1 had sold the schedule property to defendant No.2, therefore, the plaintiff has made out prima facie case. Further, it is observed that if defendant No.2 has alienated the land, then it would lead to multiplicity and whether defendant - 5 - NC: 2025:KHC:11256 MFA No. 1208 of 2025 No.2 is a bona fide purchaser is to be considered in a full- fledged trial. Therefore, on these reasons allowed the application. 7. Admittedly, defendant No.1 is the owner of the schedule property and the agreement of sale dated 07.08.2021, is unregistered agreement. Therefore, prima facie case is proved that the possession was remained with defendant No.1. The time stipulation for performance of contract is four months from the date of the agreement, which would end on 07.12.2021, but the suit was filed on 06.01.2025 after lapse of four years. 8. There is no pleading in the plaint that within the time stipulation for performance of contract whether the plaintiff has sufficient amount to perform specific performance of contract therefore, regarding Section 16 (c) of the Specific Reliefs Act, 1963, the said aspect is to be considered in a full-fledged trial. Further, when the total sale agreement is Rs.4,50,00,000/-, but the plaintiff - 6 - NC: 2025:KHC:11256 MFA No. 1208 of 2025 has paid only a sum of Rs.50,00,000/-, therefore prima facie it is shown that the plaintiff has not paid substantial consideration amount to defendant No.1. Now, defendant No.2 is in possession over the suit property after purchasing the same from defendant No.1. Therefore, under these circumstances, if the order of temporary injunction is granted, then it would cause more loss and injury to defendant No.2 compared to the plaintiff. 9. The claim of the plaintiff would be protected if the direction is given to defendant Nos.1 and 2 to make deposit of Rs.1,00,00,000/-(Rs.One Crore) before the Trial Court. Therefore, the reasons given by the Trial Court while allowing the application are not correct. Hence, the impugned order of temporary injunction granted by the Trial Court is hereby set aside. Thus, the appeal is liable to be allowed. 10. Accordingly, the appeal is allowed. - 7 - NC: 2025:KHC:11256 MFA No. 1208 of 2025 11. It is directed that defendant Nos.1 and 2 shall deposit a sum of Rs.1,00,00,000/- before the Trial Court in the suit within a period of four weeks from the date of receipt of copy of this order. SD/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 28