The Appellant Developer filed two Miscellaneous Appeals bearing C.M.A. No.
1,00,00,000/ towards the damage caused by the Appellant Developer to the suit property.
The Respondents filed a cross Miscellaneous Appeal bearing M.A. No.
The land was divided into 5 schedules, and each schedule of land was to be sold to the Appellant Developer upon payment of the proportionate sale companysideration.
However, in the Agreements of Sale executed by the Respondents in favour of the Appellant Developer, it was mentioned that possession of the entire land admeasuring 54 acres 13 guntas was handed over to the Appellant Developer at the time of the execution of the Agreement dated 17.11.2017.
646/2019 before the division bench of the High Court praying for setting aside the Temporary Injunction restraining them from interfering with the peaceful possession of the Appellant Developer over the suit property.
Consequently, the Temporary Injunction restraining the Respondents from interfering with the peaceful possession of the Appellant Developer in the suit property was vacated.
The Trial Court granted a temporary injunction restraining the Respondents from interfering with the possession of the Appellant Developer over the suit property excluding the extent of 12,000 sq.
1/2019 and I.A. No.
46,00,000/ per acre.
17,25,00,000/ for the aforesaid four Agreements of Sale.
767/2018 was filed for a temporary injunction restraining the Respondents from alienating or creating any thirdparty interest in the suit property admeasuring 17 acres 31 guntas.
The first two Agreements of Sale were executed on 03.01.2018 the third on 24.03.2018 and the fourth on 31.03.2018.
Out of the total extent of land, the Respondents executed four registered Agreements of Sale cum General Power of Attorney with respect to 36 acres 21 guntas of land in favour of the Appellant Developer.
The Appellant Plaintiff prayed that the Respondents be directed to execute the Sale Deed for the suit property admeasuring 17 acres 31 guntas and provide ingress and egress to the land admeasuring 36 acres 21 guntas for which the registered Agreements of Sale cum GPA had been executed.
The Appellant Developer filed two I.A.s in the Suit praying for Temporary Injunction under Order XXXIX Rule 1 and 2 of the CPC before the Trial Court.
535/2019 and C.M.A. No.
The Respondents had filed a Counter Claim in the Suit before the Trial Court for payment of the balance sale companysideration for 36 acres 21 guntas of land which had already been transferred to the Appellant Developer.
on behalf of the Appellant Developer and Mr. Ranjit Kumar, Sr.
The Respondents filed the Written Statement cum Counter Claim seeking payment of Rs.
The said Suit is pending final determination before the Trial Court.
The Respondents have seriously disputed this submission, and stated that an amount of only Rs.
The Appellant Developer submitted that it has paid Rs.
The Stamp Duty on this Agreement was paid by the Appellant Developer on 27.08.2018.
As a companysequence, the purchasers of those plots have been threatening to initiate criminal proceedings against the Appellant Developer.
14,25,00,000/ was paid by the Appellant Developer.
Clause 7 of the Agreement dated 17.11.2017 stated that physical possession of the entire land was handed over to the Appellant Developer on the day of execution of the Agreement.
213/2018 seeking Specific Performance of the Agreement of Sale dated 17.11.2017 before the XVI Additional District and Sessions Judge, Ranga Reddy District Trial Court .
The Respondents further claimed an amount of Rs.
A. No.
766/2018 was filed for a temporary injunction restraining the Respondents from interfering with the peaceful possession and enjoyment of the Appellant Developer over the entire land admeasuring 54 acres 13 guntas.
The sale companysideration was fixed at Rs.
A. No.
The Appellant Developer filed a Suit for Specific Performance bearing O.S. No.
46,00,000/ per acre.
This gave rise to disputes between the parties for payment of the balance companysideration for land admeasuring 17 acres 31 guntas suit property .
The Agreement of Sale dated 17.11.2017 was an unregistered document executed on a Stamp Paper of Rs.
The Appellant Developer has challenged the Interim Orders dated 14.08.2019 by way of the present Civil Appeals.
INDU MALHOTRA, J. Leave granted.
In I.A. No.
It is relevant to numbere that the Order dated 01.05.2019 passed by the Trial Court in I.A. No.
646/2019 by the High Court of Telangana.
The Appellant Developer submitted that they have developed and sold plots on the tract of land admeasuring 36 acres 21 guntas to third parties.
In I.A. No.
The Trial Court passed an Interim Order dated 01.05.2019 in I.A. No.
Signature Not Verified The present Civil Appeals have been filed by the Appellants to Digitally signed by NEELAM GULATI challenge the Interim Orders dated 14.08.2019 passed in I.A. Date 2019.12.17 171428 IST Reason No.
766/2018, the Respondent Defendants disputed the possession of the Appellant Developer over the suit property admeasuring 17 acres 31 guntas.
766/2018 with respect to the prayer for injunction restraining the Respondents from interfering with the peaceful possession of the Appellant Developer over the suit property, and held that the issue with respect to possession of the suit property admeasuring 17 acres 31 companyld only be decided in trial.
767/2018, the Trial Court vide Interim Order dated 01.05.2019 granted a Temporary Injunction restraining the Respondents from alienating or creating third party interest in the suit property till the disposal of the suit, subject to the Appellant Developer depositing the balance sale companysideration Rs.
767/2018 has number been challenged by the Respondent Landowners.
The factual background is that the Appellant Developer and the Respondent Landowners entered into an Agreement of Sale dated 17.11.2017, whereby the Respondents agreed to sell agricultural land companyprising of 54 acres 13 guntas situated in Turkapalli Village, Shamirpet Mandal, Medchal Malkajgiri District to the Appellant Developer.
It was prayed that unless an Agreement of Sale with respect to the suit property admeasuring 17 acres 31 guntas is registered in their favour, they cannot provide ingress and egress to the plots already sold by them.
2/2019 filed in CMA No.
536/2019 before a Single Judge of the High Court to challenge the Interim Orders passed by the Trial Court.
on behalf of the Respondents, and perused the material on record.
2,55,72,500/ towards the balance companysideration for the 36 acres 21 guntas of land already transferred in favour of the Appellant Developer.
14,25,00,000/, and was still liable to pay Rs.
