DEVUBEN MANSINGBHAI GADHAVI Vs. JANTIBHAI BHAGVANBHAI

JUDGEMENT

(1.) The present Second Appeal has been filed under Sec. 100 of the Code of Civil Procedure, 1908 ('cpc', for short) challenging the judgement and decree passed by 5th Additional District Judge, Bhavnagar, in Regular Civil Appeal No.60 of 2018, dtd. 25/10/2019, whereby judgement and decree passed by 3rd Additional Civil Judge, Bhavnagar, in Regular Civil Suit No.239 of 2010, dtd. 30/4/2018, has been confirmed

(2.) For the sake of the brevity, the parties herein are referred to as per their original status as that of in the suit.

(3.) The brief facts arising in the present Second Appeal are that the plaintiff filed a suit for injunction and it is the case of the plaintiff that the defendant had accepted an amount of Rs.50,000.00 by way of earnest money and had executed writing in this regard on 18/9/2008 and the defendant had assured that necessary permission from the Collector will have to be obtained and after that the sale-deed with respect to the suit property will be executed in favour of the plaintiff and as defendant did not execute sale-deed in favour of the plaintiff, the plaintiff filed a suit for injunction.