PURVA RAKESH PATEL Vs. LALITABEN SHANABHAI PATEL

JUDGEMENT

(1.) Heard learned Advocate Mr. M.B.Gohil for the Appellant and learned Advocate Mr. Darshit R. Brahmbhatt for the Respondents at length through video conference.

(2.) The Appellant / Original Plaintiff has filed this Appeal from Order under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 challenging the portion of the impugned order dated 21.8.2017 opposed by the learned 15th Additional Senior Civil Judge, Vadodara, below Exh.5 in Special Civil Suit No.432 of 2015 whereby the learned Judge has been pleased to conditionally allow the stay application and directed the Appellant / Original Plaintiff to deposit an amount of Rs.35,99,000/- which is the amount of full and final consideration, within a period of 60 days.

(3.) The brief facts of the case are that the the Appellant herein has entered into a registered agreement to sell for captioned property, with the Opponents which is duly registered with the Sub-Registrar Office at Vadodara. Since the Opponents did not execute the sale deed, the Appellant herein has preferred Suit for specific performance of contract along with stay application at Exh.5. The learned Judge, while granting the stay application has directed the Appellant to deposit the entire sale consideration amount before the Court.