MANOJBHAI VINODCHANDRA SHAH Vs. SURAJ PRAKASH BHAGAT

JUDGEMENT

(1.) This Appeal arises from the Order passed by the 16th Additional Senior Civil Judge, Vadodara dated 12.02.2018, below injunction application Exh. 5 in Special Civil Suit No. 330 of 2017. By the impugned order, the Trial Court has allowed injunction application Exh.5 filed by the plaintiff and has restrained the defendants from dealing with the suit property.

(2.) Heard learned advocates.

(3.) Mr. P.C. Kavina, learned senior advocate for the appellant - original defendant No.3 has submitted that the appellant is a bona-fide purchaser of the suit land and the Trial Court has committed an error by granting injunction against the present appellant. It is submitted that the suit of the plaintiff is based on a power of attorney given by the plaintiff himself to the defendant No.1, pursuant to which the suit land was sold by defendant No. 1 to him through registered sale deeds dated 26.12.2016. It is submitted that the very foundation of the suit is false, frivolous and lacks bona - fide. It is further submitted that the power of attorney, based on which the suit property was sold by the defendant No.1 to the present appellant, was an irrevocable power of attorney and was operating since the year 2000 and was never challenged by the plaintiff. Further, the some different power of attorney, which the plaintiff talks about, is not produced by him before the Trial Court. It is submitted that the appellant is in possession of the suit land and the interim injunction granted by the Trial Court needs to be interfered with. Learned senior advocate has taken this Court extensively through the paper book, which runs into hundreds of pages. Detailed submissions are made even on the merits of the matter, including on the issues which are pending before the Trial Court. It is submitted that the impugned order be quashed and set aside.