KISHOREBHAI KHANCHAND GOHIL Vs. MANUBHAI PRABHUDAS PATEL

JUDGEMENT

(1.) THE present First Appeal is filed against the decision of learned 4th Additional Senior Civil Judge, Ahmedabad (Rural) at Mirzapur dated 31-1-2009 by the appellants who were original plaintiff Nos. 1 and 2.

(2.) THE original plaintiffs filed the suit, inter alia, on the allegation that there was an agreement executed in their favour by defendant Nos. 1 to 4 on 11-9-1997 whereby they had agreed to sell to the appellants the holdings situated in Survey Nos. 376/2, 384 Part, 385, 386 and 387 of village Gota, Sub-District and District Ahmedabad. This agreement was a registered one. At the time of agreement Rs. 2,55,000/- was paid as part consideration.

(3.) THIS is the further case of the plaintiffs that a Special Civil Suit came to be filed being Special Civil Suit No. 93 of 1999 which was filed by original owners defendant Nos. 1 to 4 and defendant No. 9 in whose favour there was a Power of Attorney executed by defendant Nos. 1 and 4. The Court seized of the suit passed an injunction on 19-5-1999 whereby status quo was ordered to be maintained in relation to the suits. Further in the suit, after bi-partite hearing it was ordered on 16-12-2000 that defendant Nos. 6 and 7 would not sell the suit property without prior written permission of the Court. The present suit is still pending. It is averred that by a registered sale-deed dated 3-9-2002 to 7-2-2003, Power of Attorney of defendant Nos. 6 and 7 have sold away the suit properties to defendant No. 8.