THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL MISCELLANEOUS APPEAL NO.519 OF 2010 JUDGMENT: The sole respondent filed O.S.No.119 of 2009 in the Court of the Senior Civil Judge, Hindupur, against the appellants-petitioners for the relief of specific performance of an agreement of sale in respect of the suit schedule property. He has also filed I.A.No.390 of 2009 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 {“CPC’ for brevity}, with a prayer to grant temporary injunction. The application was opposed by the appellants-petitioners. Through its order dated 27.04.2010, the trial Court allowed the I.A. Hence, this Civil Miscellaneous Appeal. Heard Sri N.Chandrasekhar, learned counsel for the appellants and Sri P.Narahari Babu, learned counsel for the respondent. The first appellant is stated to have executed a sale deed in respect of the suit schedule property in favour of appellants 1 and 2. The respondent, on the other hand, filed the suit for specific performance in respect of the property. The various contentions as regards to the genuinety or otherwise of the agreement of sale needs to be examined in the suit. The respondents filed I.A. under Order XXXIX Rules 1 and 2 CPC. The appellants did not dispute the fact that the respondent is in possession of the suit schedule property, though in custody of the tenant. Irrespective of the manner the respondent is in possession of the property; once it is admitted that he is in possession, the relief of temporary injunction cannot be denied. The trial Court took these aspects into account and passed orders, accordingly. This Court is not inclined to disturb the same. Hence, the Civil Miscellaneous Appeal is dismissed. There shall be no order as to costs. It is submitted by the learned counsel for the appellants that the first appellant is a senior citizen and on account of the litigation initiated by the respondent, he is unable to reap the benefit of the property. The trial Court shall dispose of the suit, as early as possible, preferably by the end of this year. The parties herein shall co-operate with the early disposal of the case. _____________________ (L.NARASIMHA REDDY, J) 9th July 2010 RRB