SHAMBHUBHAI MOHANBHAI DESAI Vs. GEMARBHAI MALJIBHIA DESAI

JUDGEMENT

(1.) The appeal is filed under Order XLIII of the Civil Procedure Code, 1908 ("the Code") against the order dated 18.07.2018 passed by learned Principal Senior Civil Judge, Ahmedabad (Rural) below application Exh.5 in Special Civil Suit No.387 of 2017 where learned Judge has rejected the application Exh.5 filed by the appellant original plaintiff.

(2.) The suit is filed seeking specific performance of contract on the basis of agreement to sell dated 19.12013 alleged to have been executed by the respondent No.1 defendant No.1 in favour of the appellant.

(3.) Learned Judge having considered the document of agreement to sell, the conduct on the part of the appellant and the purchase of the suit land by respondent No.2 by registered sale deed found that the appellant has failed to make out any prima facie case and the balance of convenience is also not in favour of the appellant. Learned Judge has also observed about the undue hardship to be faced by the respondent No.2, if the injunction is granted in favour of the appellant.