GOPAL DWARKAPRASADGUPTA Vs. PRASHANT PRABHAKARRAO KOTHEKAR

JUDGEMENT

(1.) HEARD . Admit. Taken up for final hearing by consent of learned counsel for the parties.

(2.) IN a suit filed for specific performance of the contract, the appellants' application for grant of temporary injunction was rejected by 2nd Joint Civil Judge, Sr.Dn., Amravati by the order dated 6.1.2014 against which the present appeal has been filed.

(3.) THE appellants further submitted that on 4.11.2011 they were present in the office of Sub Registrar, but the respondent did not turn up and, therefore, sale -deed could not be executed, although they were ready and willing to perform their part of contract. On the same day, the appellants also executed an affidavit showing their presence at the office of Sub Registrar. Thereafter the appellants sent a notice to the respondent calling upon him to fulfill the promise under the agreement, but in vain. Therefore, the appellants preferred a suit for specific performance of contract against the respondent and also claimed injunction against him.