JUDGMENT :

A.J. SHASTRI, J.

1. The present Appeal from Order under Order XLIII Rule 1 read with section 104 of the Code of Civil Procedure is filed against the order dated 13.11.2018 passed by the learned Chamber Judge, City Civil Court, Ahmedabad rejecting the notice of motion for interim injunction during the pendency of Civil Suit (CCC) No. 1119 of 2018.

2. The background facts which has led the filing of the present Appeal from Order before this Court is that a suit property is situated in T.P. Scheme No. 3/5 in Final Plot No. 709, Paiki sub Plot No. 21 (21/A and 21/B) in Shanti Sadan Cooperative Housing Society Limited, admeasuring 1106 square meters, out of which, undivided half portion of said property is the subject matter of the suit property. The said property was demolished and new construction has been commenced. It has been asserted by the appellant - original plaintiff that this property bearing Plot No. 21 of aforesaid society was originally held by grandfather of respondent Nos. 1 and 2 herein, and after his death, son's name mutated in record of society and the said property was treated as Paranjayray Vaikunthray Mehd, HUF property. This property after death, as stated above, is transferred in the joint name of respondent Nos. 1 and 2 herein and they became the joint owners and occupiers of the suit property having equal right, title or interest in the suit property.

2.1. It is the case of the appellant - original plaintiff that respondent No. 1 undisputedly having his half portion of share in the property had decided to sell the said portion to the appellant for a sale consideration of Rs. 1,36,43,750/- and for that, it is the case of appellant that an amount of Rs. 11 lakhs have been paid and in response to which, the agreement to sell came to be entered into by respondent No. 1 with present appellant on 23.04.2015. As per the say of the appellant, certain clearances were to be effected by respondent No. 1 namely, to obtain title clearance certificate, to obtain NOC from the society and to obtain the signature of respondent No. 2 for partition of the land, since respondent No. 1 had started residing at Delhi.

2.2. It is the case of the appellant that since respondent No. 1 failed to undertake such steps, so as to give finality to sell transaction, a notice came to be issued by appellant on 06.04.2018 calling upon respondent No. 1 to execute sale document. Since no steps were taken by respondent No. 1 in response to the notice, evasive reply was given, and ultimately, the appellant - plaintiff was forced to file a Civil Suit in the Court of learned City Civil Judge, Ahmedabad for seeking declaration and permanent injunction, since before filing the suit in a reply to the notice, it was brought to the notice by respondent No. 1 that his brother i.e. respondent No. 2 erroneously deleted his name from the society by making misrepresentation, obtained the signature in confirmation deed, and simultaneously, respondent No. 2 and his family members have executed sale transaction in favour of respondent No. 5 herein. When that came to be noticed, the aforementioned suit was filed for seeking declaration to the effect that sale deed dated 20.06.2016 be declared as illegal and void and not binding upon the present appellant, as his agreement is much prior in point of time and further during subsistence of agreement, this transaction has taken place and as such, a relief was also sought to the effect to grant specific performance of agreement dated 23.04.2015, alongwith the suit. The appellant has also filed a notice of motion for seeking interim relief to protect the subject matter of suit and specific injunction is sought in terms of paragraph 16 of application inter alia praying to restrain the respondent, its servants and agents from in any manner dealing with the property, or not to create any third party interest and not to put up any construction. This detail interim relief can be referred to from paragraph No. 16 on