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2022 Supreme(Guj) 849

Mehul Shantilal Patel – Appellant
Versus
Samatbhai Nanubhai Varu – Respondent


Advocates appeared:
Kamal Trivedi, Dhaval D.Vyas, Tejal A.Vashi, Advocates

JUDGMENT :

Nisha M. Thakore, J.

1. This Appeal from Order is directed against the order dated 6th January, 2022 passed by the 11th Additional Chief Judicial Magistrate, First Class, Vadodara on an interim injunction application (Exh.5) along with interim applications seeking similar relief being filed by the original-plaintiff vide Exh.10, 28 and 37 in Special Civil Suit No. 8 of 2021, whereby the learned Trial Court has been pleased to direct the original defendant-appellant herein, an order of status quo to be maintained in respect of the suit lands.

2. The brief facts as emerges from the record are reproduced as under:

    2.1. 20.04.2017: The Appellant-defendant purchased land bearing Survey No. 385/2 admeasuring 0.45.53 hc. sq. mtrs. and Survey No. 386 admeasuring 0.48.56 he. sq. mtrs. situated at Village Sayajipura, Vadodara (“suit lands” for short).

2.2 02.011.2018: The Respondents-Plaintiffs asserted their right in the suit lands, on the basis of an unregistered “Agreement to Sell without possession.” It is contended by the Respondents-Plaintiffs to have agreed to purchase the land in question for a total consideration of Rs. 10.21 Crores, out of which Rs. 5 Cr is alleged to have be

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