FUTURE SCAPS INFRA Vs. ANKURBHAI ARUNRAO PAVLE

JUDGEMENT

(1.) The present petition, under Articles 226 and 227 of the Constitution of India is filed by challenging the impugned order dtd. 1/7/2022 passed below Exh.60 in Special Civil Suit No.6 of 2020 by the learned Principal Senior Civil Judge, Savli, whereby the learned Trial Court has allowed said application under Order XI Rule 12 of the Code of Civil Procedure, 1908, (hereinafter referred to as "the C.P.C.") filed by the respondent herein - original defendant and the petitioner herein - original plaintiff was directed to produce the documents referred to in the application filed below Exh.60 application within 30 days and also is directed to give explanation with regard to the said document with regard to the said documents, if wants.

(2.) Brief facts of the case are as such that the dispute pertains to land bearing Revenue Survey No.170 paiki 2 admeasuring 5160 Sq. Mts. out of which 3888 Sq. Mts. land, Revenue Survey No.171 Revenue, admeasuring 4148 Sq. Mts. Survey No.172/2 total admeasuring 3844 Sq. Mts. out of which 3056 Sq. Mts. and Revenue Survey No.173 paiki 2 admeasuring 4654 Sq. Mts, out of which 914 Sq. Mrs. land, totally 12006 Sq. Mts. land and on the said lands, plans have been sanctioned for construction of residential Flats known as "The Aukland" (Towers A to B - 136 Flats and 2 Duplex). It is further the case of the petitioner as per the petition that the plaintiff has filed Special Civil Suit No.6 of 2020 for specific performance of the Banakhat dtd. 7/2/2017 and registered Development Agreement dtd. 7/12/2017 and declaration of his right and contended that the defendant has executed sale agreement on 7/2/2017 and accordingly, registered development agreement is executed between the parties. However, since the defendant has failed in his duty to act as per the registered development agreement and Banakhat, the plaintiff was constrained to file the suit. It is further the case of the petitioner as per the petition that upon summons being issued by the learned Trial Court, the defendant appeared in the suit proceeding and filed his written statement. Further, during the pendency of the suit, the plaintiff also filed application under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, 1908 read with Sec. 151 of the C.P.C. and prayed for interim injunction restraining the defendant not to transfer the suit property in question and after hearing both the parties, the learned Trial Court by order dtd. 28/9/2020 partly allowed application for injunction and restrained the respondent and his agents as well as servants from transferring the suit property with respect to Towers A and D as mentioned in the said order.

(3.) At the request of learned advocates appearing for the respective parties, the matter is taken up for final disposal.