Being aggrieved by the declining of mandatory injunction and also declining cost of Rs. 47,31,931.50ps, the Plaintiff in O.S.No. 336 of 2006 has preferred A.S.No. 708 of 2008.

2. Alleging that agreement of sale is a contingent contract and being aggrieved by grant of decree for specific performance and directing item to execute the sale deed subject to mortgage, Defendants in O.S.No. 336 of 2008 have filed A.S.No. 946 of 2009 seeking a direction for bearing the Bank from bringing the schedule property, subject matter of the decree in O.S.No. 336 of 2006 from bringing it in public auction by Indian Bank – 3rd Defendant in O.S.No.336 of 2006.

3. The Plaintiff has filed W.P.No.23405 of 2009 for issuance of writ of mandamus for bearing the respondents from bringing the petition scheduled property and forming the subject matter of the decree in O.S.No.336 of 2006 on the file of the Principal District Judge, Chenglepet to auction and for a direction to the 2nd respondent to accept the payment of Rs.4,80,000 being the remaining sale consideration as per the decree made in O.S.No.336 of 2005 dated 30.04.2008 and for other reliefs.

4. Since both the Appeals arise out a common ju