ORAL JUDGMENT

(PER: THE HON'BLE MR JUSTICE RAVI V HOSMANI)

Challenging order dated 05.04.2024 passed by VII Addl.

Senior Civil Judge, Bengaluru Rural District, in O.S.no.189/2024 on IAs no.1 and 2 filed under Order XXXIX Rules 1 and 2 of CPC, this appeal is filed.

2. Sri Subramanaya and Vinayak S. Pandit, learned counsel for appellant submitted, appellant was plaintiff in suit filed for specific performance of agreement of sale dated 17.08.2019. In said suit, plaintiff had filed I.A.no.1 for temporary injunction restraining defendant no.2 from creating third party rights over suit schedule property. Plaintiff had also filed I.A.no.2 for temporary injunction restraining defendant no.2 from changing nature of suit schedule property. It was submitted though, plaintiff had made specific assertion in plaint as well as affidavit filed in support of applications to substantiate his interest/possession in suit property under registered agreement of sale dated 17.08.2019, and produced relevant documents, trial Court under impugned order rejected applications on wholly untenable grounds. Hence, this appeal was filed.

3. It was submitted, defendant no.1 had executed registered agreement of sale i