MS Jayani Estates Pvt Ltd. v. MS Vallabha feeds Pvt. Ltd.
2025-01-08
J.B.PARDIWALA, R.MAHADEVAN
body2025
DigiLaw.ai
ORDER : 1. This petition arises from an interlocutory order passed by the High Court of Andhra Pradesh at Amravati dated 15-2-2024 in Civil Miscellaneous Appeal No.252/2023 by which the appeal filed by the petitioners - herein (original plaintiffs) came to be dismissed thereby affirming the order passed by the XII Additional District Judge, Guntur District, declining to grant injunction as prayed for in Original Suit No.102/2022 instituted by the petitioners - herein for specific performance of contract. 2. In the suit instituted by the petitioners - herein, the following reliefs have been prayed for:- a) To pass Decree directing the Defendants for Specific Performance of Agreement/understanding arrived on 16/08/2018, by directing them to retransfer the Plaint schedule land, Ac.29.49 cents, situate in Kaza village, Mangalagiri Mandal, PedaKakani Sub Registry, Guntur District, in favour of the Plaintiffs; b) In case the Defendants failed to execute the document and to register the document/s, retransferring the Plaint schedule land, as prayed for, in favour of the Plaintiffs, the Hon'ble court may appoint an Officer of the court to execute such document/s, to retransfer the Plaint schedule land in favour of the Plaintiffs; c) To pass Decree in favour of the Plaintiffs and against the Defendants for a sum of Rs.10 crores as liquidated damages; d) Grant a Mandatory Injunction directing the Defendants to return to the Plaintiffs the blank Cheques and blank Promissory Notes referred to in para 7 of the Plaint; e) To grant costs of the suit; and f) Any other relief which this Hon'ble Court may deem fit and necessary and proper and pass such other order or orders as the Hon'ble court may deem fit and proper in the circumstances of the case". 3. It appears that pending the Civil Suit, the petitioners -herein preferred an application under Order XXXIX Rules 1 & 2 respectively read with Section 151 of the CPC seeking injunction against the respondents - herein that they shall not transfer the suit property or create any third party rights upon the same pending the final disposal of the suit. 4. The Trial Court declined to grant such relief. 5. The petitioners were unsuccessful even before the High Court in seeking such injunction. 6. In such circumstances, they are here before this Court with the present petition. 7. We have heard Mr.
4. The Trial Court declined to grant such relief. 5. The petitioners were unsuccessful even before the High Court in seeking such injunction. 6. In such circumstances, they are here before this Court with the present petition. 7. We have heard Mr. Nikhil Goel, the learned Senior counsel appearing for the petitioners (original plaintiffs) and Mr. VSR Anjaneyulu, the learned Senior counsel appearing for the respondents (original defendants). 8. We take notice of the fact that while issuing notice vide the order dated 2-7-2024, the parties were directed to maintain status-quo existing as on that date. 9. The order of status-quo has continued now for almost a period of 6 months. 10. We are informed that the Trial Court has proceeded to frame issues and is ready for recording of the oral evidence. 11. In such circumstances, referred to above, instead of adjudicating this petition on merits, we are of the view that let the order of status-quo continue till the final disposal of the civil suit instituted by the petitioners - herein seeking specific performance of contract. 12. Having regard to the facts and circumstance of the case, we request the XII Additional District Judge, Guntur District to see that the Original Suit No.102/2022 is concluded within a period of six months from today. 13. We clarify that we have not expressed any opinion on the merits of the suit. Whether to grant the relief of specific performance or not, shall be decided by the Trial Court in accordance with law on the basis of the evidence oral as well as documentary that may come on record. 14. With the aforesaid, this Special Leave Petition stands disposed of. 15. Pending applications, if any, also stand disposed of.