SUJAN IMPEX PRIVATE LIMITED Vs. PATEL PRAMODKUMAR GORDHANBHAI

JUDGEMENT

(1.) This appeal under section 104 read with Order 43, Rule 1 of the Civil Procedure Code, 1908 is at the instance of the original plaintiff and is directed against the order passed by the Principal Senior Civil Judge, Vadodara dated 27th January, 2017 passed below Exh.5 in the Special Civil Suit No.79 of 2008. I take notice of an order passed by this Court dated 2nd December, 2009 in the earlier round of litigation between the parties passed in an Appeal From Order No.203 of 2009. The order reads thus;

(2.) Pursuant to the order passed by this Court dated 2nd December, 2009, referred to above, Exh.5 was reheard and the impugned order came to be passed, rejecting Exh.5 once again. The plaintiff, being dissatisfied with the order passed by the court below, rejecting the application Exh.5, is once again before this Court with this appeal.

(3.) The plaintiff has instituted the Special Civil Suit No.79 of 2008 against the defendants for specific performance of contract based on an agreement of sale. The appellant herein prays that during the pendency of the suit, the defendants should be restrained from transferring the suit property.