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2013 Supreme(Guj) 430

S.H.VORA
Mangabhai Jadavbhai Makwana – Appellant
Versus
Tekchand Chhaganlal Shah – Respondent


JUDGMENT

Challenge in both these appeals from order preferred under Order 43 Rule 1(r) read with section 114 of the Code of Civil Procedure, 1908 is the order dated 24.9.2012 passed in Civil Suit Nos.79/2011 and 80/2011 respectively passed below Exh.5, whereby the learned trial Judge rejected injunction application pending the suit for restraining the defendants, their servants, agents from transferring, selling, gifting, renting or creating third party right or handing over physical possession to anyone over the suit land, more particularly, described in the plaint situated at village Sarbhod, Tal: Bardoli, Dist: Surat admeasuring 7487 sq. mtr. and 15783 sq. mtr. respectively.

2. Since the dispute relates to the sale agreement dated 12.12.2009 entered into between the purchaser and seller of the suit land stipulates identical terms and conditions governing sale transaction except price of the suit land, they are hereby disposed of by this common judgment so as to avoid repetition of facts and findings. The parties to the proceedings would be referred to as per their original status in the plaint.

3. According to the plaintiff, the owner of suit land entered into agreement to sell on






































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