REHAB HOUSING PVT. LTD Vs. VISHWANATH PANDURANG PATIL

JUDGEMENT

(1.) Rule, returnable forthwith. Heard finally by consent of the parties.

(2.) The Appellantoriginal Plaintiff has challenged order dated 25 September 2012 whereby, its Application for injunction (Exhibit5) was rejected. The Suit is filed for a specific performance of agreement for sale dated 16 April 2006, between the Plaintiff Appellant and Respondent Nos. 1 to 4, who are admittedly the owners of the Suit property.

(3.) The agreement signed by Defendant No.1 on behalf of other Defendant Nos. 2,3 and 4, is not in dispute. The issue is that the other Defendant/owner permitted and not authorized Defendant No.1 to sign on their behalf to transfer the property. Strikingly, inspite of service, original Defendant Nos. 1 to 4 did not appear, basically the other Defendants on whose behalf Defendant No.1 signed. The averments, therefore so made in the plaint based upon the documents, at this stage, cannot be displaced, at the instance of original Defendant No.5 who is the subsequent purchaser of the Suit property by alleged sale deed dated 30 October 2007.