APHC010490922017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN CIVIL MISCELLANEOUS APPEAL NO: 354/2017 Between: 1. BORRA DASTHAGIRI & ANOTHER, W/O KRISHNA, AGED 33 YEARS, R/O MOTHUKUR VILLAGE, T.SUNDUR MANDAL GUNTUR DISTRICT. 2. DONTHA HUSSAINAMMA, D/O PULLAIAH, AGED 30 YEARS R/O H.NO.1-88, TADEPALLI VILLAGE & MANDAL GUNTUR DISTRICT. ...APPELLANT(S) AND 1. SUKAVASI GOPALA RAO, S/o Peda Lakshmaiah, Aged 62 Years, R/o door No. 1-245. Velagaleru Village G.Konduru Mandal Krishna district ...RESPONDENT Appeal Under Section_____against orders aggrieved by the order and decree in I.A No.839/2016 in O.S No.116/2016 dt.29.12.2016 on the file of the court of the in the court of the II Addl Dist Judge, Guntur. IA NO: 1 OF 2017(CMAMP 610 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the impugned order and decree in I.A No.839/2016 in O.S No.116/2016 2 dt.29.12.2016 on the file of the court of the in the court of the II Addl Dist Judge, Guntur pending disposal of the CMA. Counsel for the Appellant(S): 1. K ANANDA RAO Counsel for the Respondent: 1. GHANTA SRIDHAR 3 The Court made the following common Judgment: The present appeal is preferred assailing order dated 29.12.2016, passed in I.A.No.839 of 2016 in O.S.No.116 of 2016 on the file of learned II Additional District Judge, Guntur, by which injunction has been granted in favour of the respondent herein- plaintiff. 2. Initially, suit was instituted by respondent herein for specific performance of agreement of sale dated 30.09.2015, stated to have been executed by appellants herein, for sale of suit schedule property. Advance amount of Rs.8,00,000/-(Rupees Eight Lakhs only) was paid and the balance sale consideration was to be paid on or before 10.10.2015, of the total sale consideration was Rs.24,50,000/-(Rupees Twenty Four Lakhs and Fifty Thousand only). Though plaintiff was ready to pay the balance consideration, and the defendants avoided to receive the same and failed to come forward to register the sale deed, present suit came to be filed for specific performance. 3. Along with suit, I.A.No.839 of 2015 also filed for injunction under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure 1908, restraining the defendants from alienating suit schedule property. The trial Court by order dated 29.12.2016, allowed the said application on condition of plaintiff depositing balance sale consideration into Court on or before 17.01.2017. It is stated that 4 balance sale consideration came to be deposited in compliance thereof. Assailing the said order, present appeal is preferred. 4. Learned counsel for the appellants on the earlier occasion brought to the notice of this Court that the 1st appellant died and now suit is being defended only by the 2nd appellant, who is 2nd defendant in the suit. 5. On the other hand, learned counsel for respondent submitted that despite deposit of balance sale consideration, the appellants- defendants in suit alienated subject property in favour of third parties and thereafter, an application was filed before the trial Court seeking to refund the balance sale consideration deposited into Court in compliance with impugned order and the same has been allowed. The suit is being now contested on merits and virtually, the interim relief granted by trial Court rendered infructuous. 6. In view of these developments, both the learned counsel would urge to direct the trial Court to decide the very main suit itself in a time bound manner, as suit came to be instituted in the year 2016. 7. Having regard to aforesaid submissions and considering that inspite of injunction being in force, the suit schedule property came to be alienated in violation thereof, nothing further survives to be adjudicated in the present appeal. 5 8. Considering the submissions made by respective learned counsel, trial Court is directed to dispose of the suit expeditiously. 9. Accordingly, the Civil Miscellaneous Appeal stands closed. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ______________________________________ JUSTICE CHALLA GUNARANJAN Date: 29.07.2025 KBN