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1995 Supreme(Guj) 404

S.D.SHAH
NITINKUMAR LAXMIDAS – Appellant
Versus
SAVITABEN PRANSHANKER – Respondent


Advocates Appeared: N.N.GANDHI, S.M.SHAH, Y.N.THAKKAR

S. D. SHAH,, J.

( 1 ) ADMIT. Mr. N. N. Gandhi waives service of admission on behalf of Respondents No. 1, 4/1, 4/2 and 5. Rest of the respondents are ordered to be deleted from this Appeal From Order. With the consent of the learned advocates appearing for the parties, the matter is finally heard today.

( 2 ) IN a suit for specific performance filed by appellants plaintiffs for an agreement to sale, they also applied for temporary injunction under Order 39 Rules 1 and 2 of of the Code of Civil Procedure restraining the defendants from dealing with the properties and also against the subsequent purchaser in whose favour sale deed is subsequently executed. It appears that the trial Court initially granted ex parte injunction, but after hearing the respondents defendants and after taking into consideration the various legal submissions raised in the written statement, found that injunction as prayed for could not be granted firstly because the agreement to sale dated 9th of November, 1992 was not registered as required under law and therefore it would not create any right in favour of the purchaser to institute suit for specific performance of such agreement. The said agreement to sale







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