Both these petitions are disposed of by this common order.

2. These petitions are by the plaintiff which is a company incorporated under the Companies Act, 1956. A suit is filed by them against the respondents herein who are the defendants.

3. The plaint averments would disclose that the 1st defendant namely the 1st respondent herein is the owner of the property bearing Sy. No. 19 situated at Mailasandra Village, Bangalore South Taluk measuring 15 acres 9 guntas. The 1st respondent/1st defendant entered into a memorandum of understanding dated 23-12-1996 with the 2nd respondent/2nd defendant under which the 1st respondent/1st defendant agreed to sell the schedule property in favour of 2nd respondent/2nd defendant and both of them agreed to develop the property through a company, in which both of them were to be the shareholders. It appears during December 2000, the 2nd respondent/2nd defendant approached the plaintiff-petitioner for himself and on behalf of the 1st respondent/1st defendant offering to sell the schedule property in favour of the plaintiff-petitioner. After due negotiations, it was agreed and a MOU dated 27-12-2000 was entered into between the plaintiff/petitioner