C.L. Soni, J.

Arguments were heard for final disposal of the appeal.

2. The appeal is filed under Order XLIII of the Civil Procedure Code, 1908 ('the Code') against the order dated 19.12.2016 passed by learned Chamber Judge, Court No.21, City Civil Court, Ahmedabad below application Exh.7 with notice of motion Exh.6 in Civil Suit No.1644 of 2016, whereby learned Judge has rejected the notice of motion taken out by the appellant. The appellant is the original plaintiff and the respondent is the original defendant in the suit. For the sake of convenience, they shall be referred as per their original status in the suit.

3. The plaintiff society has filed the above suit (to be referred as 'the present suit') with following prayers:

(A) be pleased to declare that in the facts and circumstances stated in the plaint and as per the explicit provisions of the Gujarat Co-operative Housing Society Act, since the primary ownership of suit properties mentioned in para-3 of the plaint is of plaintiff society and defendant has purchased possessory rights from the members on the basis of disputed documents only for the purpose of redevelopment of the plaintiff society, the defendant cannot acquire any right or title pertaining to suit properties against the plaintiff society based on the disputed documents.

(B) be pleased to declare that in the facts and circumstances stated in the plaint and as per the explicit provisions of the Gujarat Co-operative Housing Society Act, since primary ownership of suit properties mentioned in the para-3 of the plaint is of plaintiff society, and since the defendant made disputed documents for purchase of rights in connection with development agreement dated 21/03/2013 with the plaintiff society only for the purpose of redevelopment of the society, which the plaintiff society canceled due to default of defendant, the disputed documents created in connection with agreement are null and void; and after such declaration, be pleaded to pass appropriate decree and order against the defendant to accept Rs. 7,32,60,000/-, paid by it on the basis of disputed documents, from the plaintiff society, and execute documents for re-transfer of possessory rights to the plaintiff society.

:In the alternative:

(B) If pursuant to the decree and order of the Court, the defendant does not execute the documents for retransfer of possessory rights acquired by it by disputed documents or commits default or delay in executing such documents, be pleased to appoint Court Commissioner and on plaintiff depositing Rs. 7,32,60,000/- in the court, the commissioner be ordered to execute documents for retransfer of possessory rights in favour of plaintiff society.

(C) Considering the facts and circumstances stated in the plaint and since the suit land is of the ownership of the Plaintiff society which the Plaintiff society is entitled to develop in the interest of the members of the society and since the main object of the society is of making construction for residential purpose for the benefit of the members, be pleased to permanently restrain the defendant or its servants, agents, assignees, attorneys etc., from causing any obstruction in carrying out the work of redevelopment in connection with construction existing on the suit land; from causing any obstruction or interference in removing or demolishing the construction from the suit land for the redevelopment purpose of the society; from entering into the suit land; from executing any deed, agreement, contracts or documents with any third party or internally in respect of the suit properties on the basis of the disputed documents; from creating any third party interest in the suit properties and from creating any mortgage, encumbrance, right, claim, lien or charge in favour of any person or institution in any manner in the suit properties on the basis of the disputed documents.

(D) - - - - - - - - - - - - - - - - -

(E) - - - - - - - - - - - - - - - - - -

4. As averred in the plaint of the p