GANGAR REALTORS PRIVATE LTD Vs. JITENDRA MANSUKHLAL PAREKH

JUDGEMENT

(1.) By this notice of motion, the plaintiffs seek a temporary injunction, restraining defendant Nos.1 to 9 from alienating, disposing, leasing, selling, transferring or mortgaging or creating any third-party rights in respect of 1/9th undivided share in the suit property. Secondly, it seeks to temporarily restrain defendant Nos.1 to 9 from entering into agreements in respect of the suit property described in the plaint and for a mandatory order directing defendant No.1 to deposit the original agreement between defendant No.1 and the plaintiffs in relation to the suit property.

(2.) The suit seeks a declaration that the suit agreement between the plaintiffs and defendant No.1 was binding upon all the defendants and for specific performance of the same. Upon failure to perform the agreement, for appointment of an officer of this court to execute the Deed of Conveyance in respect of the suit property and to register the same with the Sub-Registrar of Assurance, Mumbai. In the alternative, the plaintiffs claimed damages of Rs.11,51,58,893/-. Plaintiffs also seek interim reliefs, as now sought in the present notice of motion.

(3.) This notice of motion is supported by an affidavit of one Ankur K. Gangar, who is described as a partner of the plaintiffs, which, in fact, appears to be an error, since the plaintiffs seem to be a Private Limited Company. An additional affidavit has also been filed by Mr. Ankur Gangar on 8 th September 2018. On behalf of defendant No.1, the affidavit-in-reply dated 25 th September 2018 has been filed by defendant No.2 on behalf of self and on behalf of defendant Nos.1 and 3 to 9 as their constituted attorney. A separate affidavit-in-reply of the same date has been filed by defendant No.2 on behalf of defendant Nos.4 to 9. Defendant No.3 had meanwhile expired on 17 th February 2017. An additional affidavit-in-reply dated 26 th October 2018 has also been filed by defendant No.1 for himself. Finally, the plaintiffs have filed the affidavit-in-rejoinder dated 8 th October 2018.