OYSTER BUILDING INDIA PRIVATE LTD. Vs. VISHVESHWARLAL HARDIA

JUDGEMENT

(1.) This appeal has been filed by the appellant/plaintiff under Order 43 Rule 1(R) of the Civil Procedure Code against the order dtd. 12/5/2023, passed in Case No. RCSA/177/2023 by 20th District Judge, Indore whereby the appellant/plaintiff's application filed under Order 39 Rule 1 and 2 of CPC has been rejected.

(2.) The brief facts of the case are that the appellant-plaintiff has filed a suit for declaration, permanent injunction and specific performance of contract against the respondents. The application for temporary injunction filed in this suit has been rejected as aforesaid and hence this appeal.

(3.) The case of the plaintiff is that it entered into an agreement to sale dtd. 23/10/2020, in respect of the land situated at village Mirjapur, Tehsil and Dist. Indore with the respondents No. 1-6, and prior to that a Sauda Pavati was also executed on 29/9/2018, with the respondent No.1 only. The total consideration was Rs.3,51,90,000.00, out of which the appellant has already paid a sum of Rs.53,89,900.00.