YAKUB JAMLUDDIN KELAVALA Vs. YASUFBHAI IBRAHIM KHASAJIWALA

JUDGEMENT

(1.) THE appellant is the original plaintiff, who filed Special Civil Suit No.1263 of 2012 before the City Civil Court, Ahmedabad inter alia praying for specific performance of agreement to sell dated 15.12.1981 executed by the respondent No.1 (original defendant No.1) and further prayed to join the respondent Nos.2 to 7 (original defendant Nos.2 to 7) in the registration of the sale deed on the strength of agreement to sell executed by the respondent Nos.2 to 7 in favour of the respondent No.1 on 14.12.1981, and has prayed for decree for perpetual injunction restraining the respondents from dispossessing the appellant and further interfering with the enjoyment of the suit property and further be pleased to restrain to execute any other instrument/agreement. Pending hearing the suit, the appellant has moved the notice of motion Exh.7/8 restraining the respondents from interfering with the peaceful possession and dispossessing the appellant from the suit property without following due process of law and further executing any agreement/instrument in favour of the third party.

(2.) THE learned trial Judge after hearing both the sides dismissed the said notice of motion vide order dated 3.11.2012. Therefore, being aggrieved by and dissatisfied with said order, the appellant has preferred the present Appeal from Order as provided under Order 43 Rule 1(r) read with section 104 of the Code of Civil Procedure, 1908 (for short "the CPC") on various grounds as stated in the memo of appeal.

(3.) LEARNED advocate Mr. Sunit Shah appearing for learned advocate Mr. Chetan Pandya for the appellant relied upon following decisions in support of his submissions.