UMESHBHAI KALUBHAI Vs. GITANJALI PARK SOCIETY OWNERS ASSOCIATION

JUDGEMENT

(1.) BY filing this appeal, the appellant, who is the heir of original defendant no.6 (b) of Civil Suit No.2588/2004 has challenged the judgment and order passed by the learned trial Judge by which the learned trial Judge has partly granted interim injunction application submitted by the original plaintiff. Aforesaid suit is filed by the plaintiff for declaration, permanent injunction and also for getting a decree for specific performance. Case of the plaintiff is that 65 members of plaintiff society known as Geetanjali Park Society had purchased a parcel of land from defendant nos. 1 to 5 by entering into agreement to sell in their favour. Though the contract was subsisting, defendants no.1 to 5 sold away the disputed property to defendant no.6. The plaintiff has, therefore, filed aforesaid suit with a prayer that the sale deed executed by said defendants in favour of defendant no.6 may be quashed and set aside and suit of specific performance may be decreed. Said suit is resisted by the defendants on various grounds. In the aforesaid suit, the plaintiff pressed into service interim injunction application.

(2.) LEARNED trial Judge after hearing the concerned parties, partly allowed the said application and the defendants were restrained from transferring, selling or alienating the suit property to a third party during the pendency of the suit. It is the aforesaid order, which is impugned in this Appeal from Order.

(3.) AT the time of hearing of this Appeal from Order, there is a consensus prevailing between the parties. It is submitted by the parties that the order of the trial Court may be modified to the extent that in case the concerned defendant transfer or alienate or deal with the suit property in any manner and if any transaction is entered into in connection with the suit property, the same shall be subject to the result of the suit and if any third party rights are created by any of the defendants, name of such third party may be disclosed to the Court within a period of 15 days from the date of such transaction and plaintiff may be given liberty to join such purchaser as a party to the suit so that an effective decree can be passed by the trial Court.