V. Chitambaresh, J.

1. Specific performance is relief which this Court will not give, unless in cases where the parties seeking it come promptly, and as soon as the nature of the case will permit observed Lord Cranworth in Eads vs. Williams, (1854) 4 D.M.G. 691 and quoted by Stirling J. in Levy vs. Stogdon, (1898) 1 Ch.D 484. The above observation still holds good in law a century and a half later as is revealed from the facts unfolded in the present case.

2. The decree for specific performance of Ext.A1 agreement for sale granted in O.S. No. 201/2007 is assailed on the ground that the suit is hit by Order II Rule 3 of the Code of Civil Procedure, 1908 [the CPC for short]. The plaintiffs had earlier filed O.S. No. 336/2005 on the file of the Court of the Munsiff of Perumbavoor wherein one of the reliefs is a decree for injunction against alienation. Prayer (b) in Ext.B1 plaint in O.S. No. 336/2005 is extracted below:

“(b) to pass a decree and judgment against the defendant by passing permanent prohibitory injunction from alienating the plaint "A" schedule property in favour of third party and against committing waste in the property.”

Interim injunction sought therein in I.A.