ABHIJEET HOUSING PVT. LTD. Vs. NAZIR AHMED SHAIKH

JUDGEMENT

(1.) HEARD Mr. Usgaonkar, learned Counsel for the appellant, Mr. Kantak, learned Counsel for respondent nos.1, 2, 4, 6 to 9. None appears on behalf of respondent no.3, though served. By this appeal, the appellant takes exception to the order dated 17th August, 2010 passed by the Civil Judge, Senior Division, Panaji in Special Civil Suit No.114/2008 by which the application for temporary injunction dated 8th December, 2008 filed by the appellant seeking temporary injunction against the defendants from alienating the suit property to any third party has been rejected.

(2.) THE appellant is the plaintiff in the above suit filed seeking specific performance of the agreement dated 3rd December, 2006 pursuant to which the suit property was agreed to be sold to the appellant for a consideration of 90 lacs. Along with the suit, the plaintiff filed an application for temporary injunction which was opposed by the defendants. The written statements on behalf of the defendants were filed in April/ May, 2009. On 9th September, 2009 the defendants adopted the written statements for the purpose of temporary injunction. By the impugned order dated 17th August, 2010, the trial Court dismissed the application for temporary injunction on various grounds. Aggrieved by the said order, the plaintiff has preferred the present appeal.

(3.) SINCE the above facts disclosed that the defendants had suppressed the sale deed dated 7th July, 2009 from the trial Court which prima facie amounted fraud on the Court, learned Counsel appearing for the defendants/ respondents was called upon to show cause as to why appropriate order be not passed against the defendants for suppressing a very relevant document from the trial Court.