( 1 ) THIS is a Civil Revision under Section 115 of the Civil Procedure Code from the judgment and order dated 11-11-1993 passed in Misc. Appeal No. 44/93 (Thumalappa v. Melagiriyappa), whereby the first Appellate Court allowed the plaintiffs' appeal in the matter of an application under Order 39, Rules 1 and 2, CPC which had been moved in suit No. 491/92 and set aside the order of the Trial Court, whereby the Trial Court has refused to grant temporary injunction, the lower Appellate Court after having set aside in as Court's order, granted the order of temporary injunction in favour of the opposite parties.

( 2 ) THE suit No. 491/92 was a suit for specific performance of contract to execute the sale deed in pursuance of the agreement dated 22-7-1989. According to the plaintiffs opposite party, the defendant had sold his 4 acres of land as admitted. Execution of the sale deed dt. 10-2-1950 and has handed over possession thereof at the time of executing the sale deed dt. 10-2-1950. Subsequently on 22-7-1989 the defendant agreed to transfer by sale, 2 acres of land from that very plot Sy. No. 99 of Thippaganahalli lying south of the Mud bund which was alleged to be f