( 1 ) THIS is plaintiffs appeal against the trial Court's order dt. 14-12-1987, passed by the District Judge, Mandleshwar, in Civil Original Suit No. 1-A of 1987, rejecting this application for an ad interim injunction and vacating the ex parte order of injunction passed in his favour on 16-4-1987.

( 2 ) SHORT facts of the case are : Appellant and respondents 1 and 2 are real brothers Appellant filed a suit for specific performance of agreement dt. 13-3-1986, by which the respondent 1 had agreed to sell his agricultural lands bearing survey Nos. 84/3 and 84/5, admeasuring 2. 95 acres and 1. 70 acres respectively, situated in village, Umariya, Tehsil Kasrawad, District West Nimar, to the plaintiff for Rs. 40,000/-, out of which, Rs. 30,000/- had been paid at the time of the agreement and the balance of Rs. 10,000/-, carrying interest at thereto of 2% per annum, was payable at the time of registration of sale deed. It was plaintiff-appellants pleaded case that he was delivered possession of the land of 13-3-1986. The appellant has averred in plaint-para 3 that he went to pay the balance amount with interest to the respondent, who refused to accept it saying that he was