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2012 Supreme(Guj) 880

J.C.UPADHYAYA
Dipakbhai Khimchandbhai Piprodsiya – Appellant
Versus
Bharatbhai Bhanabhai Kantharia – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mrs. Ketty, A. Mehta Manan A. Shah.
For the Respondents: Mrugen K. Purohit, Hriday Buch, Devang S. Nanavati, Premal S. Rachh, S.S. Nanavati, Ms. Anuja S. Nanavati.

JUDGMENT :

J.C. UPADHYAYA, J.

1. Admit. Service of notice of admission is waived by M/s. Mrugen Purohit, Hriday Buch, Premal Rachh and Ms. Anuja S. Nanavati, Ld. Advocates for respondent nos. 1, 2, 3 and 4 respectively.

The challenge in this appeal is to the order dated 7.12.2011 passed by the Ld. 13th Addl. Sr. Civil Judge, Surat [hereinafter referred to as ‘the trial Court’] below temporary injunction application Exh.5 in Special Civil Suit No. 432/2011, whereby the trial Court dismissed the said application. The appellant, therefore, is the original plaintiff and the 4 respondents are original defendants in the aforementioned suit and, therefore, for the sake of convenience, the appellant and the respondents shall be hereinafter referred to as the plaintiff and the defendants in this order.

2. The plaintiff filed the above suit seeking various reliefs, namely specific performance of an agreement to sell dated 11.7.2007 of the disputed land bearing city survey no. 331 situated in the outskirts of village Bamroli or in the alternative to award Rs. 1 crore by way of damages and further to set aside the registered sale-deed dated 12.11.2010 pertaining to the disputed land executed by th

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