DWARKABHAI GOPALBHAI PATEL Vs. DR. SONALIBEN AMRUTBHAI NAYAK

JUDGEMENT

(1.) Leave granted.

(2.) Seeking specific performance of an agreement of sale dated 11.12009, the appellant had filed Special Civil Suit No.186 of 2010 which was decreed on 30.06.2017.

(3.) In respect of the same property, Special Civil Suit No.106 of 2016 was filed by one Dr.Sonaliben Amrutbhai Nayak, first respondent herein, seeking specific performance of an agreement dated 12.04.2007. In this suit, a temporary injunction application was preferred vide Exh.5 which was rejected by the trial court on 21.07.2017. Thereafter, first respondent preferred Appeal from Order No.293/2017 with Civil Application No.12727/2017 in the High Court. At the stage of hearing, the submission made by the advocate appearing for the respondent-owner was recorded by the High Court as under :