ABHISHEK KUMAR MISHRA Vs. MANYA ASHISH JAGWANI

JUDGEMENT

(1.) By way of the present application, the applicants-appellants-original plaintiffs, have prayed to stay the operation and implementation of the judgment and decree dtd. 08/07/2019 passed by learned 14th Additional Senior Civil Judge, Vadodara (hereinafter referred to as "the learned Trial Court") in Special Civil Suit No. 359 of 2015, by which, the suit filed by the present applicants-appellants-original plaintiffs came to be dismissed. The applicants-original plaintiffs have filed the suit for specific performance of agreement to sell executed by the present defendant No. 1 and for declaration of sale deed dtd. 11/08/2015 executed by the present defendant No. 1 in favour of defendant Nos. 2 to 4 as null and void and prayed for further reliefs.

(2.) Learned Trial Court, after considering the documentary evidence and scrutinizing the oral as well as documentary evidence produced before the Court, dismissed the suit by the impugned judgment and decree mainly on the ground that defendant Nos. 2 to 4 are bonafide purchasers of Plot No. 5, Vinayak Leaf on the land bearing block No. 882, Nr. Chandan Cinema, Nr. Podar School and Presidency Resort, Bhimpura-Koyali Road, Sherkhi, Vadodara, Gujarat (hereinafter referred to as "the disputed property") and further held that the applicants-plaintiffs have miserably failed to prove that deed of conveyance executed by defendant No. 1 in favour of defendant Nos. 2 to 4 is a void document and further held that the plaintiffs had failed to show their readiness and willingness to perform the contractual obligations on their part and further held that defendant Nos. 2 to 4 are bonafide purchasers of the disputed property.

(3.) Mr. R.S. Sanjanwala, learned Senior Advocate with Mr. Aadit Sanjanwala, learned advocate appearing for the applicants-plaintiffs would submit that the suit came to be filed by the present applicants-plaintiffs in the year 2015 and along with the same, an application under Order 39 Rule (1) and (2) of the Code of Civil Procedure, 1908 was filed for interim relief, directing the original defendant Nos. 1 to 4 to maintain status quo and not to further transfer the property in question, which was denied by the learned Trial Court. The said decision was challenged by the present applicants-plaintiffs by filing an Appeal from Order under Order 43 of Code of Civil Procedure, being Appeal from Order No. 239 of 2017 along with Civil Application (for stay) No. 9676 of 2017. After hearing both the parties, learned Single Judge of this Court during the pendency of the Appeal from Order, all the defendants were directed to maintain status quo qua the suit property and further restrained the defendants from putting up any further construction and/or creating any third party rights in the suit property in any manner. This decision was challenged by defendant Nos. 1 to 4 by way of filing Special Leave Petition No. 3075 of 2018 before the Hon'ble Apex Court. The said Special Leave Petition filed at the instance of the defendants, came to be dismissed by oral order dtd. 12/02/2018. Simultaneously, Appeal from Order was ordered to be disposed of by directing learned Trial Court to decide the suit within a period of six months. He would submit that therefore, the stay remained in operation till the suit is dismissed. He is insisting for the same relief here on the various grounds.