Mohammedhussain vs Pathan on 26 July, 2010

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CA/3673/2010	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

CIVIL
APPLICATION - FOR INTERIM RELIEF No. 3673 of 2010
 

In


 

FIRST
APPEAL No. 791 of 2010
 

 


 

=========================================
 

MOHAMMEDHUSSAIN
ABDULREHMAN SHAIKH & 2 - Petitioner(s)
 

Versus
 

PATHAN
MOHAMMEDHUSSAIN ISMAILBHAI & 77 - Respondent(s)
 

=========================================
 
Appearance : 
MR
RK MISHRA for
Petitioner(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6,1.2.7 -
2, 2.2.1, 2.2.2, 2.2.3, 2.2.4, 2.2.5,2.2.6 - 3. 
None for
Respondent(s) : 1 - 78. 
=========================================
 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE JAYANT PATEL
		
	
	 
		 
		 
			 

and
		
	
	 
		 
		 
			 

HON'BLE
			SMT. JUSTICE ABHILASHA KUMARI
		
	

 

 
 


 

Date
: 26/07/2010 

 

ORAL
ORDER

(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)

1. Present
application is for interim injunction pending First Appeal
restraining the respondents defendants from alienating, selling
or creating any charge over the property.

2. Considering
the facts and circumstances, it appears that decree for specific
performance of contract has been declined and damages are awarded.
Hence, it would not be a case for grant of interim injunction as
prayed. At the most any action by the respondents shall be subject to
further orders in the appeal. Application disposed of accordingly.

[Jayant
Patel, J.]

[Smt.

Abhilasha Kumari,J.]

satish

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