JUDGMENT :

DEVAN M. DESAI, J.

1. The present Appeal from Order is arising out of an order dated 17.11.2025 passed in Special Civil Suit No.74 of 2025 and Regular Civil Suit No.211 of 2025 below Exh.-5 injunction application.

2. Heard learned advocate Mr. Mehul Sharad Shah for the Appellant and learned advocate Mr. K. K. Trivedi for the respondent No.1.

3. Upon consent of learned advocates for the parties, the present Appeal from Order is taken up for hearing today.

3.1 Brief facts of the case are as under:-

The petitioner is the plaintiff of Regular Civil Suit No.211 of 2025 and respondent No.1 is the plaintiff of Special Civil Suit No.74 of 2025. Regular Civil Suit No.211 of 2025 filed by the present petitioner is for a relief of declaration that defendant be restrained from entering into possession of suit property and be restrained from creating obstruction in developing suit property. The suit property is Revenue Survey No. 89 paiki, T.P. Scheme No.6 (Piplod), original plot No.42,final plot No.110, private plot No. 27 of a society named “Krishna Plots” ad-measuring about 444.86 sq. yards of District Surat, Sub-District Majura of Village Piplod. The respondents No.2 and 3 are the original owners of plot No.27 which is a suit land. The petitioner claimed to be owner and in possession of suit plot pursuant to a registered sale deed dated 07.11.2024 executed by respondents No. 2 and 3. The total sale consideration is paid by petitioner to respondents No.2 and 3 to the tune of Rs.2,10,16,000/- (Rupees Two Crores Ten Lakhs Sixteen Thousand Only) by cheques. When respondent No.1 threatened petitioner of dispossession, police complaint dated 30.03.2025 was registered at Umara Police Station and thereafter, the suit came to be filed by the petitioner against respondents and the family members of respondent No.1 praying for the relief that defendant be restrained from entering into possession of suit property and further be restrained from creating any obstruction in development of suit property.

4. Respondent No.1 herein thereafter filed the suit for a relief of specific performance of registered agreement to sale coupled with possession dated 04.05.2007 executed by Respondent No.2 & 3 and for cancellation of the registered sale deed dated 07.11.2024 registered in favour of the petitioner herein and in the alternative prayed for compensation at Rs.4,50,00,000/- (Rupees Four Crores Fifty Lakhs Only) from 04.05.2007 with interest @ 18% per annum against respondents No.2 and 3 – defendants No.1 and 2. The respondent No.1 herein by way of application below Exh.-5 prayed for a relief of temporary injunction restraining petitioner from transferring /developing the suit land together with prayer for maintaining status quo with regard to identity of the suit property.

5. The learned trial Court after examining the submissions of the parties and after considering the evidence placed before him, partly allowed application Exh.-5 of both suits by directing both the parties to maintain status quo with regard to title, possession, nature and condition of the suit property existing on the date of the order i.e. 17.11.2025 till final disposal of the suit.

6. Being aggrieved and dissatisfied with the order, the petitioner who is plaintiff of Regular Civil Suit No.211 of 2025 has filed the present Appeal from Order. Respondent No.1, who is plaintiff of Special Civil Suit No.74 of 2025 has not assailed the impugned order.

7. During the course of submission, learned advocate for respondent No.1 submitted that both the suits were consolidated pursuant to an order passed by the learned Court below and thereafter application Exh.-5 in both the suits have been heard and decided together and a common order below Exh.-5 dated 17.11.2025 is passed by the learned 10th Additional Senior Civil Judge, Surat.

8. Learned advocate for the petitioner – plaintiff of Regular Civil Suit No.211 of 2025 submitted that the petitioner is the owner and is in possession of the suit la