TAUFIK IDRISHBHAI PATEL Vs. NURABHAI ALIBHAI MOMIN (BHAGAT)

JUDGEMENT

(1.) By way of this appeal from order under O.43 R.1(r) of the Civil Procedure Code, 1908 (CPC), the appellant seeks to challenge an order dated 26.02.2020, passed below application exh. 5 in Special Civil Suit No. 34 of 2018 by the learned Additional Senior Civil Judge, Sanad by which, the learned trial Judge was pleased to reject the said exh. 5 application for interim injunction under O.39 R. 1 and 2 of the CPC.

(2.) Admit . Learned advocate Mr. Manish Shah waives service for the respondent.

(3.) Facts in nutshell of the case of the appellant is that the appellant is the original plaintiff in aforesaid Special Civil Suit No. 34 of 2018, which is filed for specific performance of an agreement to sell (Banakhat) dated 09.10.2006 and to handover the possession of the suit land by accepting the outstanding consideration from the appellant - plaintiff. Alternatively, it is prayed to direct the respondent - defendant to refund the part payment of Rs.65 lakh made by the appellant - plaintiff with interest @ 18% p.a. thereon as well as to pay difference amount as per market value on the date on which the suit is finally decided, in case if the Court comes to a conclusion that specific performance of the agreement to sell in question cannot be granted. It is also prayed to grant declaration and permanent injunction directing the respondent - original not to sale, alienate and/or transfer in any manner the suit property or create any encumbrance thereon.