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2009 Supreme(Guj) 519

M.R.SHAH
HARSHAD KUMAR KANTI LAL BHALODWALA – Appellant
Versus
ISHWARBHAI CHANDUBHAI PATEL – Respondent


Advocates Appeared:
MR. A.B. MUNSHI for Appellant(s) : 1 - 2.
MR. NILESH A. PANDYA for Respondent(s): 1,
MR. ADIL R. MIRZA for Respondent(s): 2 - 3.

JUDGMENT

M. R. SHAH, J. Present Appeal from Order under Order 43 Rule 1(r) of the Code of Civil Procedure has been preferred by the appellants-original defendants No. 3 and 4 challenging the impugned order dated 27.1.2009 passed by the learned 8th Additional Senior Civil Judge, Bharuch passed below Exh. 5 in Civil Suit No. 95 of 2007, by which the learned trial Court has allowed the application for interim injunction partly restraining the defendants No. 3 and 4 from transferring/alienating the suit land in question to any third party during the pendency and final disposal of the suit.

2. That the respondent No.1 herein - original plaintiff has instituted Special Civil Suit No. 95 of 2007 in the Court of learned Principal Senior Civil Judge, Bharuch for cancellation of registered sale deed dated 15.5.2007 executed by the original defendant Nos. 1 and 2 (original land owners) in favour of the appellants herein-original defendants No. 3 & 4 as well as for specific performance of the agreement to sell dated 16.1.2006 (20.1.2006) alleged to have been executed by the original defendants No. 1 and 2 (original land owners). In the alternative, the original plaintiff has prayed for a decree












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