VIJAYSINH PRABHATSINH DABHI Vs. MALABHAI AJABHAI

JUDGEMENT

(1.) The present Appeal from Order is filed by the appellant - original plaintiff challenging the impugned order dtd. 17/6/2021 passed by the learned Additional Senior Civil Judge, Morbi below Exhibit 5 in Special Civil Suit No.46 of 2018.

(2.) The facts of the present case are that the appellant involved in the present appeal pertains to the land situated at Village: Madhapar, District: Morbi bearing revenue survey no. 27 paiki 1, 36 paiki 1 paiki 1, 68 paiki 1 paiki 1 and 1159 paiki 3 paiki 1 admeasuring 48866 square meters. The respondents entered into an agreement to sell with the appellant and it was agreed that to sale consideration of the land would be Rs.6,07,48,760.00, out of which, a cheque for an amount of Rs.3,00,000.00 issued in favour of the respondents. That as the respondents not executed the final sale deed, the appellant filed the suit along with the application at Exhibit 5 before the concerned Trial Court. That the Trial Court, after hearing the parties, rejected the application for interim injunction.

(3.) On 5/10/2021, this Court (Coram: Hon'ble Mr.Justice S. H. Vora) passed the following order:-