S.H. Vora, J.—With the consent of the learned advocates appearing for the respective parties, present Appeal from Order is taken up for final hearing.

2. Challenge in the present Appeal from Order preferred under Order 43, Rule 1 (r) of the Code of Civil Procedure is the order dated 15.11.2016 passed by the learned 5th Additional Senior Civil Judge, Surat below injunction application Exh.5 in Special Civil Suit No.16 of 2015 whereby, the learned trial Judge allowed injunction application Exh.5 preferred by respondent No.1 herein - original plaintiff.

3. Parties to the present Appeal from Order would be hereinafter referred to as per their original status in the plaint.

4. It is the case of the plaintiff that he has agreed to purchase land bearing Block No.236, Survey No.167 situated at Village: Parab, Taluka: Kamrej, District: Surat from defendant No.1 on 02.11.2008 in consideration of Rs. 51 lacs. That, amount of Rs. 1 lac was paid by the plaintiff to defendant No.1 as token money in cash and it was agreed between the plaintiff and defendant No.1 that the plaintiff would handover rest of the payment to defendant No.1 after title clearance is obtained. It is the case of th