THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CIVIL MISCELLANEOUS APPEAL No :576 of 2010 ORAL JUDGMENT: (Per Hon’ble Sri Gopala Krishna Tamada) This appeal is directed against the order dated 5th July, 2010 made in I.A. No. 825 of 2010 in O.S. No. 94 of 2010 on the file of the I Additional District Judge, Nellore, whereby, the petition filed by the respondent herein under Order 39 Rules 1 and 2 of C.P.C. for temporary injunction was allowed and the appellant herein was restrained from proceeding with further construction. The facts in brief are that the respondent herein filed the aforesaid Suit for specific performance of agreement of sale dated 26.5.2008. As the appellant herein was proceeding with the construction, the respondent filed I.A. No. 825 of 2010 in the said suit seeking temporary injunction restraining the appellant from proceeding with the construction. On a consideration of the entire material on record, the trial Court, as stated supra, has allowed the said I.A. and granted temporary injunction. Assailing the said order, the appellant filed the present appeal. Heard. Having considered the submissions made by the learned counsel for the parties and on perusing the impugned order dated 5.7.2010 of the trial Court, we are of the view that the said interim injunction granted in favour of the respondent herein cannot be vacated for the reason that the respondent filed the suit seeking the relief of specific performance of agreement of sale. If the said interim injunction is vacated and the appellant is permitted to proceed with the construction and subsequently, in case the suit is decreed in favour of the respondent, the situation would become complicated. In the circumstances, we do not find any reason to interfere with the impugned order. The Civil Miscellaneous Appeal fails and it is accordingly dismissed. At this stage, learned counsel for both the parties submitted that a direction may be issued to the trial Court to dispose of the suit itself at an early date and they will cooperate with the trial of the suit. In the circumstances, the learned I Additional District Judge, Nellore is directed to dispose of the Suit in O.S. No. 94 of 2010, as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order. Subject to the above directions, the Civil Miscellaneous Appeal is disposed of. No costs. ___________________ T.MEENA KUMARI,J Date: 11th August, 2010 ____________________________ GOPALA KRISHNA TAMADA,J pnb