JUDGMENT :

B. Krishna Mohan, J.

This Civil Miscellaneous Appeal is preferred against the Order in I.A.No.2 of 2021 in O.S.No.1 of 2021 on the file of the VI Additional District Judge, Markapur dated 08.02.2021 granting interim injunction restraining the respondent therein from executing or creating any kind of documents in favour of the third parties in respect of the petition schedule property, till the disposal of the main suit.

2. Heard the learned senior counsel for the appellant and the learned counsel for the respondents.

3. The appellant herein is the respondent in the I.A., and defendant in the suit before the trial Court. The respondents herein are the petitioners in the I.A., and the plaintiffs in the suit before the trial Court.

4. The respondents herein initiated an action in O.S.No.1 of 2021 on the file of the VI Additional District Judge, Markapur against the appellant herein seeking specific performance of agreement of sale dated 12.08.2014 with respect to the suit schedule property which is pending for consideration before the trial Court. While so, the respondents herein also filed an I.A. No.2 of 2021 in O.S.No.1 of 2021 on the file of the VI Additional District Judge, Markapur under Order XXXIX Rule 1 and 2 r/w section 151 of Code of Civil Procedure, seeking to grant temporary injunction restraining the appellant herein from creating any third party interest by way of executing a document with respect to the petition schedule land pending disposal of the suit which was allowed on contest vide order dated 08.02.2021. The said order is under challenge by way of this Civil Miscellaneous Appeal.

5. The facts of the case are that the appellant herein is the absolute owner and possessor of the petition schedule land on the basis of two registered sale deeds dated 06.09.1997 and pattadar passbook bearing No.42152 with patta No.577. Then the respondents herein expressed their willingness to purchase the petition schedule land of Ac.4.00 for an amount of Rs.43,50,000/- per acre with a total sale price of Rs.1,74,00,000/- along with the right of way to the said land and paid an advance amount of Rs.43,50,000/- to the appellant herein on 12.08.2014 with an agreement to pay the balance sale consideration within five months. Accordingly, the appellant herein executed an agreement of sale dated 12.08.2014 on two papers of non judicial stamp worth Rs.200/-. In view of the “rastha dispute” with the neighbouring land owners, the time of the above said agreement of sale was extended up to 26.02.2015 vide endorsement dated 01.12.2014 by the appellant herein. It is the case of the respondents herein that the time of the above said agreement of sale was further extended till the “rastha dispute” is resolved vide endorsement dated 20.04.2015 of the appellant herein. However the respondents herein contend that they are ready and willing to perform their part of contract by paying the balance of sale consideration for execution of the regular registered sale deed by the appellant herein in respect of the petition schedule land. Since the appellant failed to execute his part of contract, the respondents were constrained to issue a legal notice dated 16.12.2020 demanding to receive the balance of sale consideration for executing a proper registered sale deed. The said notice was served on the appellant on 19.12.2020 as per the postal acknowledgment, but the respondent failed to appear in the Registrar Office on 24.12.2020. Since the respondents learnt that as the appellant was making hectic efforts to alienate the petition schedule property in favour of the third parties, they were constrained to initiate an action in the above said suit.

6. On the other hand, the appellant opposed the said contentions of the respondents herein but admitted the execution of agreement of sale dated 12.08.2014 and one time extension of time up to 26.02.2015 vide endorsement dated 01.12.2014 on the agreement of sale dated 12.08.2014. Since the respondents coul