THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY C.M.A.No.667 of 2011 JUDGMENT: This C.M.A. under Order 43 Rule 1 C.P.C. is filed against the order, dated 25.03.2011 passed by the Court of I Additional Senior Civil Judge, Warangal in I.A.No.109 of 2011 in O.S.No.102 of 2011. The sole respondent filed the suit for the relief of specific performance of an oral agreement of sale in respect of the suit schedule property. The 1st appellant is the owner of the property and appellants 2 and 3 are her sons. It was pleaded that the respondent is the tenant in respect of the premises and that in pursuance of an agreement of sale, he paid an amount of Rs.2,50,000/- as advance. He also filed I.A.No.109 of 2011 under Order 39 Rules 1 and 2 C.P.C. stating that the appellants are trying to evict him, without taking recourse to law. The appellants opposed the application by stating that the plea of the respondent that there is an agreement of sale is false and that the property has since been conveyed to appellants 4 to 7. The trial Court allowed the I.A. through its order, dated 25.03.2011. Heard the learned counsel for the appellants. It is not in dispute that the respondent is in possession of the property. The purport of the I.A. filed by him is that he shall not be evicted from the premises otherwise than through process of law. No exception can be taken to such an application or the order passed therein. If the appellants want to evict the respondent from the premises, they have to institute proceedings before the concerned Court. The order of temporary injunction hardly comes in the way, since it only directs that the appellants shall not interfere with the possession, as long as the tenancy is in force. Hence, the C.M.A. is dismissed, leaving it open to the appellants to institute the proceedings in accordance with law to seek eviction of the respondent. It is needless to mention that in case the proceedings are instituted, they shall be dealt with in accordance with law. There shall be no order as to costs. __________ 08.07.2011 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY C.M.A.No.667 of 2011 Date: 08.07.2011 JSU