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2023 Supreme(Guj) 752

ILESH J. VORA
Upadhyay Yogeshkumar Prahladbhai – Appellant
Versus
Vitthalbhai Karsanbhai Patel – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR JV JAPEE
For the Respondent: MR PRAVIN GONDALIYA

ORDER :

1. Challenge in this Appeal From Order is to the order dated 8th June, 2012 passed below Exh. 5 in RCS No. 33 of 2011, whereby, the application for interim injunction pending the suit has been rejected. Being aggrieved with the said order, present appellant – original plaintiff preferred present Appeal from Order.

2. At the time of admission of this Appeal from Order, this court on 07.03.2013 passed the following order in Civil Application (for Stay) No. 8405 of 2012:

    “1. Rule.

2. Heard learned Advocate Shri J.V.Japee for the Applicant and learned Advocate Shri Pravin Gondaliya for the Respondents.

3. Learned Advocate Shri J.V.Japee for the Applicant has referred to the papers and submitted that an agreement to sell dated 14.11.2011 has been entered into, for which the part payment / consideration has been paid and he has also referred to the correspondence including the legal notice produced at page 45 to support his submission that there is no dispute about execution of the agreement to sell. Learned Advocate Shri Japee submitted that the Court below has failed to consider the provisions of the Registration Act and has made the observations that it does not confer any right, a

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