REKHABEN CHANDRAKANT MANDANKA Vs. MR. MUKESHBHAI AMBALAL PATEL

JUDGEMENT

(1.) This Appeal is filed by original plaintiff under Order 43 of the Civil Procedure Code, 1908 ("the Code") against the order dated 19.03.2016 passed by learned Principal Senior Civil Judge, Vadodara rejecting the application Exh.5 preferred by her in her suit being Special Civil Suit No.507 of 2012. Civil Application No.7145 of 2016 is filed seeking interim injunction pending this appeal. Civil Application No.12214 of 2016 is preferred by respondent No.5 for additional evidence under Order 41, Rule 27 of the Code.

(2.) For the sake of convenience the appellant shall be referred as the plaintiff and the respondents shall be referred as the defendants.

(3.) In the suit, the plaintiff has prayed for specific performance of the contract on the basis of agreement to sale dated 03.09.2009 stated to have been executed by defendant No.5 for the suit land and to declare that the sale deed dated 27.01.2012 executed by defendants No.5 to 8 in favour of defendants No.1 to 4 is false, null and void, illegal and ineffective being without consideration and also to declare that defendants No.5 to 8 since have no right in the suit land, they have got no right or authority to transfer or alienate suit land to anybody and also for permanent injunction restraining the defendants from selling or transferring the suit lands or from making any change or creating any third party interest in the suit land. In such suit, the plaintiff prayed for interim injunction at Exh.5 which has come to be rejected by impugned order.