ORAL JUDGMENT

1. The present appeal is filed under Section 96 of the Civil Procedure Code, 1908 (for short, hereafter referred to as `the Code’) challenging judgment and decree dated 11.8.2009 passed by the learned Principal Senior Civil Judge, Junagadh in Special Civil Suit No.105 of 1997 partly allowing the suit of the plaintiff whereby relief of specific performance and permanent injunction were rejected and refunded Rs.2,01,111/- @ 8%

p.a. interest from the date of suit till realization.

2. Heard learned advocate Mr. Ashish M. Dagli for the appellant. Though served, none appeared for the respondent. Perused the record.

3. The facts in brief of the case are as under:

* The appellant – original plaintiff had filed Special Civil Suit No.105 of 1997 before the learned Principal Senior Civil Judge, Junagadh for a relief of specific performance of contract and a relief of permanent injunction and alternatively prayed for refund of earnest money at the rate of

23% p.a..

* An agreement to sell was executed between the plaintiff and defendant on 8.9.1994. The case of the appellant – plaintiff is that defendant is the owner of an immovable property situated at Mangnath Street, Muni. Ward No.6,