BAKULESH RAMCHANDRA GUPTA Vs. BHAKTI DEVELOPERS

JUDGEMENT

(1.) ALTHOUGH this Appeal From Order is listed on the board for admission, with the consent of the learned counsel appearing for both the parties, it has been taken up for final hearing today.

(2.) THIS Appeal From Order under Order XLIII Rule 1(r) of Code of Civil Procedure has been filed by the appellants- original plaintiffs (hereinafter referred to as 'plaintiffs' for short) being aggrieved and dissatisfied with the judgment and order dated 30th April, 2012 passed below Ex.5 by the learned 7th Additional Senior Civil Judge, Vadodara, in Special Civil Suit No.748 of 2011 whereby injunction application Ex.5 was rejected.

(3.) MR.Mehta further submitted that though there is no Title Clearance Certificate on record, trial court has proceeded on a wrong footing that defendants 2 to 5 have obtained NA permission and Raja Chitti and hence, any subsequent non-payment by the appellants would amount to non-compliance of the contract and, therefore, according to him, the order passed by the trial court is contrary to law and evidence on record.