1. Present appeal from order is preferred under the provisions of Order 43 Rule 1(r) read with section 104 of the Code of Civil Procedure, 1908 (for short “the Code”) challenging order dated 23.1.2012 passed by the leaned Chamber Judge, City Civil Court, Ahmedabad below notice of motion Exh.6/7 in Civil Suit No.1421 of 2011, whereby the learned Chamber Judge dismissed the injunction application preferred by the appellants (original plaintiff) (hereinafter referred to as “the purchasers”), wherein the purchasers have prayed to maintain status position qua the land bearing survey No.104/1, Final Plot No.57 of Mouje Naroda, Tal: City, Dist: Ahmedabad (hereinafter referred to as the “suit land”) till suit for specific performance of sale agreement dated 29.6.2005 (hereinafter referred to as “the suit agreement”) executed by the respondent Nos.1 and 2 (hereinafter referred to as “the vendors”) is decreed and further prayed to cancel the sale deed dated 20.6.2011 executed by the vendors in favour of the respondent Nos.3 and 4 (hereinafter referred to as “the subsequent purchasers”) being illegal and null and void and further prayed for perpetual injunction restraining the vendors and subsequent purchasers from selling, gifting, assigning or creating any charge or transferring possession of the suit land or erecting any construction on the suit land till final disposal of the suit.

2. Admittedly, the total sale price of the suit land was settled at Rs.1,66,25,550/and the purchasers paid Rs.16,62,000/on the date of entering into the suit agreement to the vendors and made further payment of Rs.2,10,000/and Rs.2,50,000/on 5.7.2005 and 15.8.2005 respectively. The relevant clauses of the suit agreement, if translated in English freely, are as follows:

2(i) The land ad measuring 2550 sq. meter of final plot no. 57 of T.P. Scheme no.1 in the outskirt of Mauje Naroda of Taluka City, District, SubDistrict Ahmedabad6 (Naroda) City Taluka and the property including the construction in some parts thereof, are of independent ownership of us, the vendors and some part is in possession/occupancy of tenants and some part is in possession/occupancy of us the vendors.

2(ii) The said land and the constructed property on it, are in the name of us the vendors as independent owner on record of government as well as semigovernment and on record of Ahmedabad Municipal Corporation and on the record of Ahmedabad Electricity Company and some part thereof is as possessor of tenants and some part is in possession/occupancy of us the vendors. By removing and getting removed the construction on the said land of property, we the vendors decide to sell the said land to you the vendees today by this agreement of earnest money deed. The detail of its number, measurement and quadrilateral directions :

Outskirt T.P. Scheme number Final plot number Area

Naroda, Ta. City, Dist. Ahmedabad. 1 57 2550 sq. meter means 3050 sq. yard land.

Remark: As per the condition decided, by getting removed the construction of rooms and shops situated on the said land, by us the vendors at our cost, we the vendors have decided to sell only the land to you the vendees.

The detail of its quadrilateral :

East : Final plot no. 56 is situated.

West : T.P. Road is situated.

North : Final plot no. 58 and 54 is situated.

South : R.D.P. Road line and road are situated.

2(iii) We the vendors have decided to sell the said land ad measuring 2550 sq. meters means 3050 sq. yards having number, measurement and quadrilateral accordingly and roads of the said land and the land including rights available and the land having rights from the sky to the bottom including all the rights of us the vendors, to you the vendees in total Rs. 1,66,25,55000 ( in word One Crore Sixty Six Lacs Twenty Five Thousand Five Hundred Fifty only) by calculating Rs. 5,451/( in word Five Thousand Four Hundred Fifty One only) per sq. yard and by taking the amount as mentioned below, as its earnest money and consideration, we ha