JUDGMENT :

1. With the joint consent of the learned Senior Counsels and learned advocates appearing for the parties, the Appeal has been heard finally at the stage of admission.

2. Being aggrieved and dissatisfied with the impugned order dated 17.2.2022 passed below Exh-5 in Special Civil Suit No. 67 of 2019 passed by the learned Principal Senior Civil Judge and Additional Chief Judicial Magistrate, Kathor District: Surat whereby the defendants have been restrained to sale, transfer, mortgage or pass any interest to third party and to maintain status-quo as far as unsold plots from a total 447 Plots in the suit property situated at Village: Kamrej, Taluka: Kamrej and District: Surat, the original defendants have preferred this Appeal from Order under Order 43 Rule 1 (r) of Code of Civil Procedure. The appellants are the original defendants and the respondent is the original plaintiff before the trial Court. For brevity and convenience, the parties are referred to herein as per their status before the trial Court.

3. The essential brief facts as emerged from the record are as under:

3.1 The plaintiff had preferred the aforesaid suit for cancellation of the sale-deed on the ground of non- payment of consideration as well as for declaration of injunction pertaining to land in question i.e. Revenue Survey No. 340 old block No. 320/A, of old tenure land having areas of 39242 sq. mtrs especially Plot NO. 320/A/1 to block No. 320/A/545. According to the plaintiff, there was sale-deed registered between the parties for the land in question for consideration of Rs.11, 53,27,800/- and the same was registered with Kamrej Sub-Registrar, Surat. The plaintiff has alleged that he has not received the entire sale consideration and out of the said sale transaction, Rs. 6 Crore have already been returned to the defendants as the defendants has some financial difficulties at the relevant time. It is also alleged that in addition to the sale transaction, earlier there was a Sauda Chithhi dated 25.12.2014 wherein the price was fixed for the land in question at Rs. 34 Crores and out of it only Rs. 5.50 Crores have been received and the remaining amount has not been paid by the defendants. It is also contended by the plaintiff that since entire consideration amount was not paid, the title in the property has not been passed in favour of the defendants. It is also contended that fraud has been committed by the defendant by not paying the amount. He has also submitted that out of the cheques referred to in the said sale-deed, Rs. 6 Crores was returned back to the defendants. It is also contended that the defendant is trying to sell out the property to third party and thereby they are trying to defraud the public at large and trying to sell-out the property and trying to create encumbrances open the property. Therefore, the plaintiff is constrained to file the present Suit for declaration of injunction as well as for cancellation of sale-deed and for preventing the defendants from dealing with the property in question in any manner. The plaintiff has also, alternatively, prayed for directing the defendants to pay the remaining amount of consideration of Rs.28,46,72,200/- along with interest. Along with the Plaint, the plaintiff has also moved an application for interim injunction under Order 39 Rule 1 & 2 read with Section 151 of CPC.

3.2 The defendants have resisted the suit and the interim injunction application and had filed composite reply of plaint as well as of Exh-5, at Exh-15. The defendant side has accepted that there was a sale-deed executed between the parties. However, it has denied the contention of the plaintiff regarding execution of Sauda Chithhi dated 25.12.2014. It is contended by the defendants that after receiving the entire consideration amount, the plaintiff has executed sale deed in relation to the land in question on 8.1.2016. It is submitted that when the entire consideration amount has been paid to the plaintiff, there is no questi