MANOJBHAI ANANTRAI UNADKAT Vs. SOHAM INFRASTRUCTOR DEVELOPEERS

JUDGEMENT

(1.) PRESENT Appeal From Order, under Article 43 Rule 1 of Civil Procedure Code (CPC), has been preferred by the appellants original defendant Nos. 1 and 2 to quash and set aside the impugned order dated 5th February, 2007 passed by the learned 5th Addl. Senior Civil Judge and JMFC, Gandhinagar passed below Exh. 5 in Special Civil Suit No. 173 of 2006 by which the learned trial Court has allowed the said application Exh. 5 for interim injunction restraining the appellants herein -original defendant Nos. 1 and 2 from obstructing the respondent No. 1- original plaintiff in developing the land in question or putting up any construction on the basis of development agreement.

(2.) FEW facts with chronological events, which are necessary while considering the present Appeal From Order, are as under.

(3.) APPELLANTS- original defendant Nos. 1 and 2 were/are the owners of land bearing Survey No. 289 ad-measuring 4957 Sq. Mtrs. and Survey No. 290 ad-measuring 8397 Sq. Mtrs. of agricultural land situated on the sim of Village: Motera, Tal. Manasa, District: Gandhinagar. That 2 (two) sale-deeds dated 18. 8. 2005 were executed by the appellants in favour of one Shri Narendrabhai Jivanlal Patel. It appears that there was one M. O. U executed by the appellants herein original land owners and it was alleged that there was breach of M. O. U and aforesaid 2 (two) sale-deeds were without consideration and therefore, the appellants have filed Special Civil Suit No. 127 of 2006 in the Court of learned Principal Senior Civil Judge, Gandhinagar for quashing and setting aside the aforesaid 2 (two) sale-deeds. The said suit was filed on 27. 9. 2006. In the said suit, the appellants herein original plaintiffs of Special Civil Suit No. 127 of 2006 preferred application for interim injunction below Exh. 5 restraining the subsequent purchaser and others from selling, transferring and/or alienating the aforesaid 2 (two) properties / lands in question. That learned trial Court issued the notice below Exh. 5 making it returnable on 4. 10. 2006. It appears that the subsequent purchaser appeared before the trial Court and the application Exh. 5 was adjourned from time to time. That in the meantime and having come to know about filing of the Special Civil Suit No. 178 of 2006, respondent No. 1 herein original plaintiff Soham Infrastructure Developers instituted present suit in question i. e. Special Civil Suit No. 173 of 2006 against the appellants herein original defendant Nos. 1 and 2 only for permanent injunction restraining the appellants herein from obstructing the plaintiff i. e. Soham Infrastructure Developers in carrying out the construction and/or acting in furtherance of development agreement executed by Soham Infrastructure Developers and the purchaser of the land in question i. e. Narendrabhai Jivanlal Patel. It is required to be noted, at this stage, that in the present suit in question i. e. Special Civil Suit No. 173 of 2006, the subsequent purchaser with whom the development agreement is executed by the original plaintiff is not joined as party defendants. In the present suit, original plaintiff submitted the application for interim injunction below Exh. 5 restraining the appellants herein from obstructing and/or interfering with the possession of the plaintiff and obstructing and restraining appellants -original defendants Nos. 1 and 2 from putting up any construction on the basis of the said development agreement between plaintiff and the subsequent purchaser. That the said application was submitted on 19. 12. 2006. That on the very first day, the learned trial Court granted ex-parte ad-interim injunction in terms of paragraph No. 10 (A) of the application restraining the appellants herein original defendant Nos. 1 and 2 from entering into suit property and obstructing the said plaintiff from putting-up any construction on the basis of development agreement. At this stage, it is required to be noted that the application for interim injunction submitted by the appellants herein- original land owners in Special Civil Suit No. 173 of 2006 was pending. It is to be noted that in the said suit being Special Civil Suit No. 127 of 2006 appellants herein original plaintiffs have challenged the sale-deeds executed in favour of Narendrabhai Jivanlal Patel with whom (Soham Infrastructure Developers) entered into the development agreement. Having come to know about filing of the Special Civil Suit No. 127 of 2006, the appellants herein original land owners submitted an application Exh. 32 to implead Soham Infrastructure Developers in the aforesaid Special Civil Suit No. 173 of 2006 and learned trial Court issued the notice. That thereafter, the learned trial Court vide order dated 13th June, 2007 dismissed the application Exh. 5 submitted by the appellants herein original land owners in Special Civil Suit No. 127 of 2006. It appears that prior thereto by order dated 5. 2. 2007, learned trial Court allowed the application Exh. 5 submitted by Soham Infrastructure Developers. It appears that order passed by the learned trial Court passed below Exh. 5 in Special Civil Suit No. 127 of 2006 came to be challenged by the appellants herein original land owners by way of Appeal From Order No. 254 of 2007 with Civil Application No. 9130 of 2007 for interim relief and the said Appeal From Order came to be dismissed by the learned Single Judge (Coram: D. N. Patel, J.) vide order dated 12th September, 2007. That in the meantime, the appellants herein original land owners have preferred present Appeal From Order. However, the same came to be dismissed for non-prosecution, which came to be subsequently restored. The present Appeal From Order has been preferred by the appellants herein original defendants Nos. 1 and 2 challenging the impugned order passed by the learned trial Court dated 5. 2. 2007 passed below Exh. 5 in Special Civil Suit No. 173 of 2006 by which the appellants herein-original defendant Nos. 1 and 2 are restrained from obstructing and/or interfering with the possession of the respondent No. 1- original plaintiff i. e. Soham Infrastructure Developers in developing the land in question and/or putting up any construction on the basis of development agreement between the plaintiff and the subsequent purchaser (who is not a party to the suit), who is alleged to have purchased the land in question from appellants.