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2022 Supreme(Guj) 1785

A. P. THAKER
Darpan (Ghatlodia) Cooperative Housing Society Limited Thru Chairman Naresh Gangaram Rathod – Appellant
Versus
Dahyabhai Maganbhai Rabari(Desai) @ D. M. Desai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MS SEJAL K MANDAVIA
For the Respondent: MR PATHIK M ACHARYA, MS TRUSHA K PATEL

JUDGMENT :

1. Being aggrieved and dissatisfied with the order dated 8.3.2019 passed by learned 2nd Additional Senior Civil Judge, Ahmedabad (Rural) in Special Civil Suit No. 92 of 2018 below Exh-5 whereby the interim injunction filed by the present Appellant- plaintiff came to be rejected by the trial Court, the original plaintiff has preferred this Appeal from Order under Order 43 Rule 1(r) of the CPC.

2. For the brevity and convenience, the parties are referred to in this order as per the character assigned to them in the trial Court i.e. plaintiff and defendant.

3. The brief facts of the case of the plaintiff is that there was an agreement to sell between it and the defendant No.1 for the land bearing Khata No.883 paiki, Revenue Survey No. 157/1/1/ paiki- T.P. Scheme No.18 (Ghatlodiya), Final Plot No. 112, admeasuring 1059 sq. mtrs of land, which is an old tenure land. That there was an agreement to sell executed on 22.10.1997 and thereafter possession of the land was handed over to the plaintiff vide Notarised document dated 25.10.2004. According to the plaintiff, there was a condition to get the title cleared and then necessary registered sale deed was to be executed between the

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