DINESHCHANDRA DHIRAJLAL GANDHI Vs. MANUBHAI KANJIBHAI JHALAVADIA

JUDGEMENT

(1.) ADMIT. Shri R. S. Sanjanwala, learned advocates waives service notice of admission on behalf of the respondent No. 1 original plaintiff who is the main contesting party. With the consent of the learned advocate for the respective parties, the matter is taken up for final hearing today.

(2.) PRESENT Appeal from Order is filed by the appellant original defendant No. 1 to quash and set aside the impugned order dated 23. 11. 2007 passed by the learned 6th Senior Civil Judge, Navsari Exh, 5 in Special Civil Suit No. 15 of 2006, by which the learned trial Court has partly allowed the said application Exh. 5 submitted by the respondent herein original plaintiff restraining the defendants from transferring / alienating and / or creating charge in any manner whatsoever with respect to the suit land /property till the final disposal of the suit.

(3.) THAT the respondent No. l original plaintiff had instituted special Civil Suit No. 15 of 2006 in the Court of learned Civil Judge, (S. D.) Navsari for specific performance of the agreement to sell dated 22. 1. 1996 with respect to the land in question and for permanent injunction. As per the plaintiffs, father of the appellant and the respondent Nos. 2 to 4 herein Shri Dhirajlal Gandhi was the owner of the suit land who entered into the agreement to sell deed dated 22. 1. 1996 with the plaintiffs. It was also the case of the plaintiff that the said dhirajlal Gandhi signed the said document along with all the defendants and his late wife Paravatiben. As per the plaintiff, Dhirajlal and his wife along with all the defendants made partition of the properties wherein original defendant No. 4 has been made the owner and has got right to sell the suit properties. According to the plaintiff on demise of said Shri Dhirajlal Gandhi only defendant No. 4 became the owner of the suit land and on 18. 10. 1998 the original plaintiffs entered into a satakhat with original defendant No. 4. As per the plaintiff he had paid 75% of the sale consideration in 2004 and 95% of the consideration on 29. 1. 2006. Thus, the plaintiff has performed his part of the promise as per the agreement to sell dated 21. 5. 1996 and 18. 10. 1998 and rest of the amount of Rs. 10 lacs is to be paid at the time of executing the sale deed by the original defendant Nos. 1 to 4 entered into registered sale deed. That inspite of the above, the sale deed was not executed and possession was not handed over the plaintiff had instituted Civil Suit for specific performance, declaration and permanent injunction and for taking possession. In the said suit the original plaintiff submitted application exh. 5 for interim injunction, which came to be partly allowed by the learned trial Court by the impugned order restraining the defendants from transferring/alienating the suit property in question till the final disposal of the suit. Being aggrieved and dissatisfied with the impugned order, the appellant original defendant No. 4 has preferred the present appeal from Order and Civil Application for interim relief therein.