THE HONOURABLE SRI JUSTICE B.PRAKASH RAO AND THE HONOURABLE SRI JUSTICE G.BHAVANI PRASAD C.M.A.No.97 of 2008 TUESDAY THE 20th DAY OF OCTOBER, 2009 Between: A.Vinod s/o Late A.Narasimhulu and others .. Appellants and C.Vittal Rao s/o Narayana .. Respondent THE HONOURABLE SRI JUSTICE B.PRAKASH RAO AND THE HONOURABLE SRI JUSTICE G.BHAVANI PRASAD C.M.A.No.97 of 2008 JUDGMENT: (Per the Ho’nble Sri Justice B.Prakash Rao) Heard both sides. The appellants are the unsuccessful plaintiffs in an application purported to have been filed under Order 39 Rule 1 and 2 of C.P.C sought for ad-interim injunction restraining the respondent from selling, alienating or creating a charge in favour of third party in respect of suit schedule property are aggrieved against the dismissal of the application. The brief facts, which are not in dispute is that the respondent/defendant has filed a suit for specific performance on the basis of an oral agreement purported to have been entered into on 28-3-2005 in respect of suit schedule property. There upon, complaining that the same is not adhered to, the appellants filed the present suit and pending the said suit the present application has been filed so as to protect their interest. After contest, the Court below did not find in favour of the petitioners request mainly on the ground that the very sale agreement itself cannot be believed. Hence, the appeal. Having heard the counsel and on perusal of the material on record, especially, taking note of the fact that there has been interim orders granted by this Court in CMP.224 of 2008 dated 13-2-2008 granting interim injunction against such action on the part of the respondent herein, we are of the view that instead of going into the merits of the case as set forth from both sides, the main suit itself be directed to be disposed of at the earliest. Learned counsel for the respondent herein also submits that in fact he has already stated that there are not going to meddle with the property in any manner. Taking note of the same and recording the same, the appeal is disposed of directing the Court below to dispose of the suit within a period three (3) months from the date of receipt of a copy of this order. We also make it clear that taking note of the undertaking given by the respondent, there shall not be any meddling with the property till the dispose of the suit. No costs. _______________ B.PRAKASH RAO,J _________________ G.BHAVANI PRASAD,J Dt: 20-10-2009 Grk