LAWS(CAL)-2019-12-175

PAWAN BHIWANIWALA Vs. HEMANTA NAHATA AND ANR.

Decided On December 02, 2019
Pawan Bhiwaniwala Appellant
V/S
Hemanta Nahata And Anr. Respondents

JUDGEMENT

(1.) In view of the good grounds shown, the appeal pertaining to APO No. 138 of 2019 is re-admitted and the connected stay application is restored to the file. The appeal is taken up for consideration along with the connected matter.

(2.) APO No. 138 of 2019 is an appeal from an order dated July 17, 2019. APO No. 162 of 2019 is an appeal from an order dated May 8, 2017.

(3.) The suit is for specific performance of an agreement for sale of an immovable property. An initial ex parte order of injunction was issued on April 26, 2017. Such order required the defendants not to deal with the property or create any third party rights in respect thereof. The order dated April 26, 2017 called upon the plaintiff to ensure that the defendants were duly served copies of the plaint and the application on which the ex parte order was passed along with copies of the relevant order within April 28, 2017.