DINABEN JITENDRAKUMAR THAKER Vs. SHIVUBHAI SHAMADBHAI PATEL

JUDGEMENT

(1.) The present First Appeal is filed under Sec. 96 of the Code of Civil Procedure, 1908 against the judgment dtd. 12/4/2023 as well as decree drawn on 24/4/2023 in Special Civil Suit No.217 of 2021 by the learned 5 th Additional Senior Civil Judge, Gandhinagar.

(2.) The brief facts of the case are that the appellant-original plaintiff has filed the Special Civil Suit No.217 of 2021 for a relief of specific performance of a notorised agreement to sell dtd. 23/3/2010 together with a relief of permanent injunction. The defendant No.3 filed an application Exhibit-10 under Order 7 Rule 11 (d) of the Code of Civil Procedure, 1908. The learned Principal Senior Civil Court, Gandhinagar, vide order dtd. 12/4/2023 allowed the application of defendant No.3 and rejected the plaint.

(3.) Being aggrieved and dissatisfied with the judgment and decree, the appellant-plaintiff is before this Court.