SHREE CHAITANYA CONSTRUCTIONS Vs. SUDHIR POONAMCHAND PARAKH

JUDGEMENT

(1.) Leave granted.

(2.) The present dispute arises out of a specific performance suit that had been filed on 15.10.2010 by the plaintiff against several members of one family. There were 8 defendants in all. However, only Defendant No.5, who is the Respondent No.1 in this appeal, filed a written statement on 04.02.2011. Defendant No.5 neither led any evidence nor did he avail of any opportunity to cross-examine the plaintiff before the trial Court. The Trial Court, by its judgment dated 07.11.2012, rejected the prayer for specific performance and instead directed that a sum of Rs.2,26,40,370/- be paid as refund of part consideration already given. The First Appeal against the aforesaid judgment was filed by the plaintiff on 03.04.2013.

(3.) Meanwhile, in an inter se litigation between the members of the defendants family, a partition suit had been filed by the present Respondent No.1 being O.S. No. 1298 of 1999 against the original Defendant Nos. 1-4 and certain others for partition of as many as 22 properties. The property with which the specific performance suit is concerned is stated to be Item No.7 in the Schedule that is appended to this suit. In this suit, an interim injunction had been passed restraining the defendants from creating third party rights. This was done on 22.03.2007. Since Suit No. 1298 of 1999 stood dismissed for non-prosecution on 18.11.2014, the said interim injunction would stand automatically vacated.