LAVJIBHAI PARSHOTTAMBHAI PATEL Vs. BHIMABHAI AJABHAI SONGARA

JUDGEMENT

(1.) THE present appeal is directed against the order dated 23. 4. 2008 passed by the learned Additional Senior Civil Judge below Application Ex. 5 in Special civil Suit No. 15 of 2007, whereby the ad-interim injunction is vacated and the Application Ex. 5 is rejected.

(2.) HEARD Mr. Patel, learned Counsel appearing for the appellant, Mr. Soni, learned Counsel for respondents No. 1 to 13 and Mr. Solanki, learned Counsel for respondents No. 14 to 20.

(3.) AS per the appellant, the agreement to sale was entered into on 16. 4. 2002 for the sale of the land in question and part of consideration was paid of Rs. 14,25,000/ -. Out of the remaining balance, an amount of Rs. 2,00,000/- was to be paid on or before 15. 5. 2002 and the remaining amount was to be paid on or before 15. 2. 2003 and the consideration was fixed of Rs. 6,01,000/- per vigha. It is the case of the appellant plaintiff that when he inquired with the Talati-cum-Secretary in the Revenue Record, he came to know that a registered sale deed has been executed by the original owner in favour of the respondents No. 14 to 20 on 8. 1. 2007 against the consideration of Rs. 3,05,000/ -. Thereafter on 3. 7. 2007, the suit has been filed for specific performance of contract and setting aside of the sale deed and interim injunction application was also submitted restraining the purchaser from transferring or alienating the property. The learned Civil Judge granted ad-interim injunction and ultimately after bipartite hearing, the interim injunction has been vacated, therefore, the present appeal.