Huluvadi G. Ramesh, J.— These two appeals have been filed against the order passed by the 11th Addl. City Civil Judge, Bangalore City in OS 223/2000 and 2334/2000 on 25.8.2009.

2. Plaintiff is common in both the suits - one filed for permanent injunction and another for specific performance, According to the Plaintiff, the first suit is filed against Defendants 1 to 3 for the relief of permanent injunction to restrain them from interfering with the Plaintiffs possession and enjoyment of the suit schedule property. The second suit is for specific performance of the contract and for permanent injunction and from dispossessing. Subsequently the suit against the 2nd Defendant in OS 2334/2000 viz., Sanjay Carlo was got dismissed by the Plaintiff. Further, the suit in OS 223/2000 was not proceeded against Sanjay M Karlo who was the 3rd Defendant.

3. It is stated in OS 223/2000, 2nd Defendant is the owner of the suit schedule property and offered to sell the same for her family necessities. Plaintiff having accepted to purchase for a total consideration of Rs.3,50,000/-, paid a sum of Rs.50,000/- as advance at the time of execution of the agreement. Plaintiff is said to have paid th