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2021 Supreme(Guj) 968

VAIBHAVI D.NANAVATI
SUVAS REALITY PVT. LTD – Appellant
Versus
RIDDHI SIDDHI LAND BUILD DEVELOPERS PVT. LTD. – Respondent


Advocates Appeared:
For The Appellant :MR NAVIN PAHWA, SENIOR ADVOCATE with ARJUN R SHETH
For The Respondent: MR KASHYAP R JOSHI, MR.VISHAL J DAVE, MS. HIRAL U MEHTA, NIPUN SINGHVI

ORDER :

1. The present appeal from order is filed under Order 43 Rule 1 of the Civil Procedure Code, 1908 at the instance of the appellants (original defendants No.1, 2 and 3) being aggrieved and dissatisfied by the order dated 7.10.2021 passed in Special Civil Suit No.20 of 2021 by the 3rd Additional Senior Civil Judge and ACJM, Ankleshwar, Dist. Bharuch, below Ex.5 application restraining the defendants from alienating the suit property or creating any third party right on the suit property pending hearing and/or final disposal of the Special Civil Suit No.20 of 2021.

2. The respondent No.1 (original plaintiff) filed the Special Civil Suit No.20 of 2021 seeking the following reliefs, which read thus :-

    “1) A decree for specific performance of the Agreement for Sale dated 20-08-2012 be passed in favor of the Plaintiff Company and against the Defendant Company thereby directing the Defendants to execute the Conveyance Deed and get the same registered in favour of the Plaintiff Company in respect of the suit property, and also permanently restrain the Defendants from alienating t

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