MISKINBANU JAHIDKHAN PATHAN Vs. ALISHER SUBHANALI ANSARI

JUDGEMENT

(1.) This common judgment governs the disposal of the captioned appeals as they arise from the judgment and decree dtd. 9/4/1999 passed by the learned City Civil Court, Ahmedabad in Civil Suit No.4584 of 1986.

(2.) These appeals are filed by the defendant nos.1 and 2 whereas the the respondent is plaintiff. For convenience and brevity, they are referred to herein as per their original status as that of before the learned trial Court.

(3.) Briefly states, the plaintiff instituted suit against the defendant no.1 seeking prayer for specific performance of agreement to sale dtd. 1/10/1985 ( 'ATS ', for short) and seeking execution of the sale deed. In the alternative, the plaintiff prayed for damages. During the pendency of the suit proceedings, the plaint was amended by joining defendant no.2 as he is the purchaser of the suit property pending the suit. The prayer was also amended for relief of setting aside the registered sale-deed dtd. 23/12/1993 executed by the defendant no.1 in favour of defendant no.2 in violation of injunction order passed below Notice of Motion.