ORDER

Plaintiff in OS.No.69/2014 on the file of the learned Prl.Senior Civil Judge, Udupi is impugning the order dated 05.12.2014 rejecting IA No.2 filed under Order 39 Rules 1 and 2 of CPC and refusing to restrain the defendant from alienating the suit schedule property during the pendency of the suit, Which was confirmed in MA No.1/2015 on the file of the learned Prl.District Judge, Udupi vide judgment dated 15.03.2017. 2. Heard Smt. Leela P.Devadiga, learned counsel for the petitioner and Sri. Somashekar.T., learned counsel for the respondent.

3. Learned counsel for the petitioner contended that the petitioner as plaintiff has filed the suit OS.69/2014 seeking specific performance of the contract in respect of the schedule property. Defendant even though admitted execution of the agreement to sell has taken several defences. Now the matter is fixed for plaintiff’s evidence.

4. Leaned counsel submitted that initially the trial Court had granted exparte order of temporary injunction restraining the defendant from alienating the property. But later rejected IA No.2 observing that the plaintiff was not ready and willing to perform his part of the contract and there is delay on the par