MANUBHAI MAYABHAI AHIR Vs. HEMABEN ASHIKALI NARSI

JUDGEMENT

(1.) Admit. Mr.Shethna, learned advocate for the respondent waives service of notice of admission. Since the issue involved in this appeal is in very narrow compass, with the consent of the parties, the appeal is taken up for final hearing. The appellant herein is the original plaintiff and opponent is the original defendant in the suit, therefore, for the sake of brevity, they are referred as "the plaintiff" and "the defendant" respectively.

(2.) The plaintiff has filed the suit before the Court of learned Senior Civil Judge, Surat, for seeking specific performance of contract and for declaration and permanent injunction that the defendant does not have right to alienate the suit property, and perpetual injunction against the defendant is sought for not to erect any construction over the suit property and/or not to deal with the property in the manner, which may change the identity of the suit property, and also claimed damages as well as recovery of Rs.1.00 Crore and 20 Lacs and a plot of 350 sq.yds. Said Suit was registered as Special Civil Suit No.164 of 2018. Learned Principal Senior Civil Judge, Surat, has issued notice, which was duly served upon the defendant. The defendant appeared through her advocate and contested the suit by filing written statement. Thereafter, an application is tendered by the defendant under Order-7, Rule 11 (a) and (d) to reject the suit. After considering the arguments canvassed by both the rival parties, learned 15th Additional Senior Civil Judge, Surat, has passed an order dtd. 30/3/2019 by allowing the application preferred by the defendant under Order 7, Rule 11 (a) and (d) and rejected the suit filed by the plaintiff.

(3.) Being aggrieved by and dissatisfied with said judgment and order passed by learned 15 th Additional Senior Civil Judge, Surat, the plaintiff has preferred present appeal under Sec. 16 of the Code of Civil Procedure, 1908 (for short, "CPC") by raising manifold grounds.