BHARAT HASMUKH OZA Vs. SHRI GANDABHAI KHODABHAI DESAI

JUDGEMENT

(1.) Admit. Learned advocate Mr. Harsh V. Gajjar appearing for the respondents waives service of admission. With the consent of learned advocates appearing for the respective parties, the appeal is taken up for final hearing today itself.

(2.) By way of the present appeal preferred under Sec. 96 of the Code of Civil Procedure, 1908, the appellant - original plaintiff has challenged the judgment and decree dtd. 18/6/2018 passed by learned Principal Senior Civil Judge, Kheda in Special Civil Suit No.79 of 2017 (Old Case No.226 of 2013).

(3.) The case put forward by the appellant - original plaintiff before the learned Trial Court is that the appellant filed suit and prayed for a decree in the nature of specific performance at the instance of the defendants by executing notarized Agreement to sell between the parties for the land bearing Block/Survey No.169/1, 169/2 and 169/3 of mouje Narpur, Tal. Kathlal, Dist. Kheda. The plaintiff also prayed for permanent injunction restraining the defendants from permanently transferring the suit land.