Upendrasinh Dipsinh Chavda vs Labdhi Construction Through ...
2021 Latest Caselaw 1009 Guj

          C/AO/4/2021                                            ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/APPEAL FROM ORDER NO. 4 of 2021
                                With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                 In R/APPEAL FROM ORDER NO. 4 of 2021
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              UPENDRASINH DIPSINH CHAVDA
                        Versus
LABDHI CONSTRUCTION THROUGH MAHESHBHAI CHUNIBHAI PATEL
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Appearance:
MR VIMAL A PUROHIT(5049) for the Appellant(s) No. 1,2
SHRENIK R JASANI(9486) for the Appellant(s) No. 1,2
for the Respondent(s) No. 1,2
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 CORAM: HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                             Date : 21/01/2021

                              ORAL ORDER

Order in APPEAL FROM ORDER NO. 4 of 2021:

1. Heard learned Senior advocate Shri Percy Kavina with learned advocate Mr. Vimal A. Purohit for the appellants through video conference.

2. Learned Senior advocate Shri Percy Kavina for the appellants has submitted that the original -plaintiff has availed temporary injunction in terms of para 10(A) of Exh. 39 - injunction application against the defendant Nos. 2 and 3 till final disposal of the suit by order dated 14.12.2020 passed by the City Civil Court, Ahmedabad, which is challenged by the present appellants.

3. Learned Senior advocate Shri Percy Kavina for the appellants has argued that original plaintiff has placed reliance upon the agreement to sell which is not a registered document

C/AO/4/2021 ORDER

but simply a document of agreement to sell. Further, learned advocate Shri Percy Kavina has placed reliance upon the judgment reported in 2019(17) SCC 429 and other documents which were originally produced before the learned trial Court.

4. Having heard the arguments of learned senior advocate Shri Percy Kavina, the issue requires consideration.

4.1 Appeal from Order is Admitted.

Order in CIVIL APPLICATION NO. 1 of 2021

1. Issue Notice returnable on 04.03.2021.

2. In the meanwhile, ad-interim-relief in terms of para 7(B) of the civil application no. 1 of 2021 is granted till next date.

3. Direct service is permitted through E-mail/ Fax.

(DR. ASHOKKUMAR C. JOSHI,J) prk