THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE B. CHANDRA KUMAR C.M.A. No. 870 of 2009 JUDGMENT: (Per Hon’ble Smt. Justice T. Meena Kumari) This civil miscellaneous appeal is directed against the order of the learned Principal District Judge, Ranga Reddy District at L.B. Nagar, Hyderabad in I.A. No. 5018 of 2008 in O.S. No. 1226 of 2008. The appellants are the plaintiffs and the respondent is the defendant. The appellants filed the suit in OS. No. 17 of 2008. In that suit, they field I.A. No. 5018 of 2008 seeking to grant temporary injunction restraining the respondent from interfering with the peaceful possession and enjoyment of the petition schedule property. In the affidavit filed in support of the said I.A., the 1st appellant has stated that she is the sole and absolute owner of the petition schedule property; that the said property was purchased by her along with her husband Naidu G. Praveen Kumar under document bearing No. 4683 of 1991; that her husband’s whereabouts are not known for the past several years, as such, she has taken appropriate steps against him and also obtained a decree in the aforesaid suit and by virtue of the decree obtained in the suit, she has become the absolute owner of the suit schedule property. Subsequently, she entered into an agreement of sale-cum-General Power of Attorney with the respondent on 16.9.2008 on payment of consideration of Rs.20,22,000/-. On the same day, the respondent had paid an amount of Rs.7,22,000/- towards part sale consideration and for the balance sale consideration, he had issued a cheque bearing No. 152296, dated 16.9.2008. However, as the 1st appellant was not having the savings bank account, the respondent/defendant had issued the cheque in favour of the 2nd appellant. That on execution of the documents, when the appellants went to the bank for presentation of the said cheque, the bank authorities did not allow them to deposit the same on the ground that the respondent has advised them to stop payment in respect of the said cheque. Appellants alleged that taking advantage of the G.P.A. dated 16.9.2008, the respondent started harassing them; that in spite of several demands, he had not come forward to make the payment of the balance sale consideration of Rs.13,00,000/-. Therefore, they were forced to issue a paper publication on 9.12.2008 and also lodged a complaint with the Station House Officer, Uppal Police Station against the respondent. They further stated that due to non-payment of the balance sale consideration, they did not handover physical possession of the petition schedule property to the respondent. However, the respondent is trying to forcibly occupy the petition schedule property without paying the entire sale consideration amount and the respondent and agents are also trying to alienate the same to some third persons, as if they have got a right. They further state that prima facie case and balance of convenience lie in their favour and if ex-parte injunction is not granted dispensing with the notice to respondent/defendant, they will be put to irreparable loss and injury. While opposing the I.A., the respondent filed counter affidavit. Though the respondent did not dispute about the execution of the agreement of sale dated 2.10.2007 for a sale consideration of Rs.45,00,000/-, he, however stated that as per the agreement of sale cum General Power of Attorney, the consideration was mentioned as Rs.20,22,000/-. He further stated that even though the sale consideration was Rs. 53,00,000/- and in fact the appellants insisted that sale consideration be mentioned as Rs.21,00,000/- on the ground that they have to face other problems like payment of tax etc. Acceding to the demand, the respondent mentioned the amount of sale consideration as Rs.20,22,000/-. Thereafter, the respondent paid Rs.10,00,000/- on the same day and Rs.30,00,000/- by way of account transfer to the account of the 2nd appellant as the 1st appellant does not have bank account and the appellants also issued a receipt on 16.9.2008 acknowledging the receipt of the said amount. Respondent, however, alleged that the appellants declined to execute the document on receipt of the amount and therefore he agreed for paying some more amount and he also issued a cheque bearing No.152296for rs.13,00,000/- on 16.9.2008. However, when the appellants demanded the said amount in cash, he paid the same by way of cash on the same day and the appellants also agreed to return the said cheque and to prove the same, the respondent also filed the receipts, which were issued by the appellants. Thereafter, the 1st appellant did not return the cheque as agreed upon, however, he presented the same for clearance. He further stated that even after handing over of the physical possession of the suit schedule property, the appellants have been demanding for extra amount and when he expressed his inability for paying the same, they threatened to present the cheque and for initiation of criminal proceedings. While so, on 25.1.2009 when the respondent engaged the labour to remove the dismantled material and wastage, which was lying on the suit schedule property, the appellants obstructed the same and also lodged a criminal complaint. He further contended the appellants have not made out a prima facie case; that there is no balance of convenience and that if the injunction is not granted, they would not suffer any irreparable loss. The trial Court having heard the learned counsel for the parties and having perused the entire evidence on record, through the impugned order, dismissed the said I.A. filed by the appellants. Hence, the present appeal. It is seen from the record that on 18.8.2009, this Court granted interim injunction restraining the respondent from alienating or creating any third party rights over the suit schedule property. Learned counsel for the appellants contended that the appellants are in actual possession of the suit schedule property and taking advantage of the dismissal of the aforesaid I.A. which was filed interim injunction, the respondent has forcibly taken possession of the suit schedule property. In view of the fact that an interim order of injunction has been granted by a Division Bench of this Court as stated above on 3.8.2009 and the same is still subsisting, we do not want to vacate the same now. However, we are of the view that interest of justice would be met if the said interim order is made absolute and a direction is issued to the trial Court to dispose of the main suit itself at an early date. Accordingly, while making the interim order dated 18.8.2009 granted in C.M.A.M.P. No. 1540 of 2009 absolute, we direct the trial Court to dispose of the suit in O.S. No. 1226 of 2008, pending on its file, as expeditiously as possible, preferably, within a period of six months from the date of receipt of a copy of this order. The appeal is accordingly disposed of. No costs. ___________________ T.MEENA KUMARI,J Date: 28th July, 2010 _______________________ B. CHANDRA KUMAR,J pnb