TARABEN Vs. SHAILESHBHAI RANGILBHAI PATEL

JUDGEMENT

(1.) Appeal from Order No. 199 of 2012 with Civil Application No.6470 of 2012 has been filed by the appellants -original defendants Nos. 3 - 4 being aggrieved with the impugned order passed below Exh. 5 in Special Civil Suit No. 288/2011 by the 5th Addl. Sr. Civil Judge, Surat, dated 2.3.2012 on the grounds stated in the said Appeal from Order.

(2.) Appeal from Order No. 200 of 2012 with Civil Application No. 6471 of 2012 has been filed by the appellants -original defendants Nos. 1 -2 being aggrieved by the impugned order passed below Exh. 5 in Special Civil Suit No. 288/2011 by the 5th Addl. Sr. Civil Judge, Surat, dated 2.3. 2012 on the grounds stated in the said Appeal from Order.

(3.) Before recording the rival submissions, a brief background of the facts is required to be stated that the aforesaid Special Civil Suit No.288/2011 came to be filed by the plaintiffs against original defendants Nos.1 -2, the appellants in Appeal from Order No. 200 of 2012, and against original defendants Nos. 3 & 4 who are the the appellants in Appeal from Order No. 199 of 2012, for specific performance of the writing/Banachitti dated 18.11.2010 on the grounds set out in the Appeal from Orders. The said writing/Banachitti is stated to have been executed pursuant to an oral understanding or an agreement between the parties for sale of land in question situated at Surat.