LABHUBHAI JAGMALBHAI RABARAI Vs. ASHISH NIRANJANBHAI BHAVSAR

JUDGEMENT

(1.) CHALLENGE in this Appeal from Order preferred under Order 43 Rule (1)(r) read with Section 104 of the Code of Civil Procedure is the order dated 28.05.2013 passed by the learned Chamber Judge, Court No.18, City Civil Court, Bhadra, Ahmedabad below Notice of Motion Exh.6/7 in Civil Suit No.2144 of 2012 whereby, the learned trial Judge rejected the Notice of Motion for interim injunction and vacated interim relief granted in favour of the plaintiffs in a suit for specific performance of sale agreement dated 28.05.2005.

(2.) PARTIES to the proceedings would be referred to as their status in the plaint.

(3.) BRIEFLY stated, the defendant agreed to sale suit land admeasuring 4200 sq.yrds. of Survey No.25 Paiki, Final Plot No.81 for total consideration of Rs.25 lacs. It was agreed by the plaintiffs that they were required to pay Rs.3,89,000/ - and Rs.20 lacs within 3 and 7 months respectively from the date of sale agreement dated 28.05.2005. There was a specific condition in the said sale agreement that the defendant was required to get land vacated from the various hutments and further to undertake all the legal proceedings required to be undertaken with regard to the various litigations pending qua the suit land. In the nutshell, the plaintiffs were required to pay balance consideration within 7 months from the date of sale agreement.