MESSRS.SIDDHI VINAYAK STHAPATYA Vs. KUSUMBEN VINODRAI VYAS

JUDGEMENT

(1.) THIS appeal from order is filed against the 5th order dated 19.3.2011 passed by the Additional Senior Civil Judge, Rajkot below Exh.5 in Regular Civil Suit No.131 of 2008, whereby the injunction application of the appellant-original plaintiff was dismissed. The appellant will be referred to as the 'original plaintiff' and the respondents will be referred to as the 'original defendants' for the sake of convenience.

(2.) THE brief facts leading to filing of this appeal are that the defendant no.1 who is original owner of the land entered into agreement to sell on 14.4.1998 with defendants no.2 to 4 and defendant nos.2 to 4 paid Rs.6,85,000.00 towards consideration for the land admeasuring 1500 square meters. Thereupon, the defendants no.1 to 4 entered into agreement to sale with the plaintiff on 11.10.2001 and plaintiff paid Rs.3,50,000.00 to defendant no.1. The plaintiff has filed the suit with the injunction application for specific performance of the agreement to sell.

(3.) IN support of his submissions, learned counsel for the appellant relied on following judgments: