JAGDISHBHAI DEVJIBHAI PATEL Vs. HARSHIDABEN KIRITBHAI MORZARIA

JUDGEMENT

(1.) CHALLENGE in this appeal is order dated 21.7.2012 passed by the learned 7th Additional Senior Civil Judge, Vadodara below application Exh -5 in Special Civil Suit No.452 of 2011, whereby the injunction application preferred by the appellant original plaintiff under Order 39 Rule 1 and 2 of the Code of Civil Procedure, 1908 came to be dismissed.

(2.) BRIEFLY stated, the appellant filed a civil suit for specific performance of sale agreement dated 30.10.2010 alleged to have been executed by the respondent No.3 original defendant No.3 as power of attorney holder of respondent Nos.1 and 2. As per the say of the appellant, the total price of the suit property was settled at Rs.3 crore. Out of which, the appellant has made payment of Rs.51 lac in cash in piece mill from 20.4.2010 to 30.10.2010. Vide notice dated 1.4.2011, the appellant called upon the respondent Nos.1 to 3 to execute the sale deed in his favour as the appellant was ready with the balance consideration of Rs.249 lac. It appears that the suit is filed in the month of May 2011, whereas the respondent Nos.1 and 2 sold the suit land to the respondent Nos.4 to 6 on 7.3.2011 for consideration of Rs.95 lac.

(3.) IT is pertinent to note that the respondent Nos.1 and 2 received the said consideration by way of different cheques in between 15.1.2010 to 16.4.2010 before the execution of power of attorney dated 20.4.2010. It also appears that pending hearing of the injunction application before the trial Court, the respondent No.1 moved an application Exh -12, inter alia, requesting to produce evidence in the nature of Pan card, bank statement/passbook and certified copy of balance sheet of the appellant and the respondent No.3 of relevant period so as to show and prove the fact that the appellant was ever ready and willing to perform his part of the agreement as required under section 16(c) of the Specific Relief Act.