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AO/283/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL
FROM ORDER No. 283 of 2007
With
CIVIL
APPLICATION No. 10580 of 2007
In
APPEAL
FROM ORDER No. 283 of 2007
=========================================================
VAIBHAV
VIJAYBHAI SHAH - Appellant(s)
Versus
MAHEMMOOD
HASAM SAMA & 1 - Respondent(s)
=========================================================
Appearance :
MR
NV ANJARIA for Appellant(s) : 1,
MR MEHUL
SHARAD SHAH for Respondent(s) : 1 - 2.
MR SURESH M SHAH for
Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 21/08/2008
ORAL
ORDER
1. Present
Appeal from Order under Order XLIII Rule 1(r) of the Code of Civil
Procedure by the appellant ? original plaintiff challenging the
order dated 24.07.2007 passed by the learned 7th
Additional Civil Judge and J.M.F.C., Bhuj ? Kutch below Exh.5 in
Special Civil Suit No.40 of 2007 by which the learned trial Court has
dismissed the application submitted by the appellant ? original
plaintiff for interim injunction during pendency of the aforesaid
Special Civil Suit.
2. Prima-facie
considering the fact that the appellant ? original plaintiff is
claiming decree for specific performance of Sathakat executed between
the plaintiff and defendant No.1 and that defendant No.1 is not the
owner and defendant No.2 is the owner but has not executed agreement
to sale / Sathakat in favour of the appellant, it cannot be said that
the learned trial Court has committed any error in refusing to grant
interim injunction during pendency of the aforesaid Civil Suit and
dismissed application Exh.5. Hence, no interference of this Court is
called for. However, it is observed that whatever observations made
by the learned trial Court while deciding application Exh.5 should be
construed only while deciding application Exh.5 and the learned trial
Court to decide and dispose of the aforesaid Suit in accordance with
law and on merits without in any way being influenced by the
observations made in the impugned order passed below exh.5. With
these, present Appeal from Order is dismissed. In view of the
dismissal of Appeal from Order, no order in Civil Application.
[M.R.Shah,J.]
satish
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