R.D.KOTHARI
Mona Arvind Patel – Appellant
Versus
PMD Infra Private Ltd – Respondent
R.D. Kothari, J.—The plaintiff in Civil Suit (CCC) No.652 of 2014 aggrieved by the rejection of interim relief, has filed the present Appeal. The plaintiff’s said suit is for specific performance and for damages and other reliefs.
2. Story that emerges from the material on record is thus; an agreement to sell was executed between the plaintiff and defendants, on 3.5.2012. The suit property is residential flat No.201. The building is known as ‘Yuthika’. It is located at Memnagar, Ahmedabad. Against the price of Rs.90,90,000/-, plaintiff has paid Rs.90 lacs at the time of execution of agreement to sell. It is say of the defendants that plaintiff had some property dispute with her near and dear ones and in a litigation relating to that property, plaintiff had received about Rs.1.30 crores. The purchaser of the property – means the property, about which plaintiff had dispute with her close family members – the said purchaser wanted to develop that property. The defendant No.2 claims to have served as a consultant for the purpose of development of that property. At that time, work of the defendants’ present building – ‘Yuthika’ - was in progress. It is said that at that ti
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