BHARATBHAI JIVRAJBHAI Vs. CHAGANBHAI SAMABHAI

JUDGEMENT

(1.) Present Miscellaneous Civil Application has been preferred by the applicant herein - original appellant - original plaintiff under Order 39 Rule 2A of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") complaining about the breach of injunction granted by this Court vide judgment and order dated 29.06.2009 passed in Appeal From Order No.86/2009, by respondent Nos.1 to 5 and 7 herein.

(2.) Facts leading to the present Miscellaneous Civil Application in nutshell are as follows : -

(3.) Shri Pahwa, learned Advocate appearing on behalf of the applicant - original plaintiff has vehemently submitted that by judgment and order dated 29.06.2009 passed by this Court in Appeal From Order No.86 of 2009 with Civil Application No.2559/2009 in Appeal From Order No.86 of 2009, this Court has allowed the said Appeal From Order by allowing the application Exh.5 and granting injunction as prayed for in Exh.5 application restraining the respondents - original defendants from transferring/alienating in any manner whatsoever the suit land in question till the final disposal of the suit. It is submitted that even the said order was passed by this Court after hearing the learned Advocates appearing for respective parties and even recording the statement made by the learned Advocate appearing on behalf of the respondents herein - original defendants that he does not invite any reasoned order in support of allowing the Appeal From Order directing the parties to maintain status quo i.e. restraining original defendants from transferring/alienating the suit property in question in any manner whatsoever till final disposal of the suit. It is submitted that despite the above, respondent Nos.1 to 5 and 7 herein - original defendant Nos.1 to 5 and 7 have executed the Agreement to Sell dated 08.10.2009 in favour of one Jayantibhai Bhalabhai Patel and Jimiben Bhalabhai Patel by accepting a sum of Rs.30 lakhs, which is absolutely in breach of the injunction granted by this Court. It is further submitted by Shri Pahwa, learned Advocate appearing on behalf of the applicant that even by notice dated 01.06.2010, the concerned respondents were informed with respect to the breach of the injunction granted by this Court and infact were called upon to restore the position which was prevailing prior to execution of the Agreement to Sell i.e. by cancelling the Agreement to Sell dated 08.10.2009 which is in breach of the injunction. However, still the Agreement to Sell is not cancelled and the position which was prevailing prior to execution of the Agreement to Sell is not restored and have continued breach of injunction. Therefore, it is requested to take appropriate steps against the concerned respondents - defendants for breach of injunction granted by this Court in exercise of powers under Order 39 Rule 2A of the CPC.