This appeal from order is filed praying for quashing and setting aside the order passed below Exh.5 in Special Civil Suit No.101 of 2010 on 3.2.2012 by the learned Civil Judge (S.D.), Vapi.
Learned advocate Mr.Bhatt for the appellant submits that from the report of the Court Commissioner and from the document of agreement to sale, prima facie it is established that the present appellant-original plaintiff is in possession of the suit property and so if the defendant-original purchaser transfers or alienates the property, then irreparable loss will be caused to the present appellant-original plaintiff and the trial Court has not considered the same and committed error in rejecting the injunction application. He also submits that as the appellant-original plaintiff was not in India, the sale deed could not be executed till 2007.
This Court has gone through the order passed by the trial Court. It is admitted fact that agreement to sale took place in favour of the present appellant-plaintiff in the year 1998 and till 2007, no steps have been taken by the present appellant-plaintiff for performance of the said agreement to sale and thereupon in 2007, the original owner sold the property through power of attorney holder to respondents no.3 and 4. The present appellant-original plaintiff has not approached the Court for any kind of relief till 2010.
In view of the above, learned trial Court has not committed any error in rejecting injunction application Exh.5 and therefore no interference is called for by this Court. Hence, this appeal from order and civil application are summarily dismissed.
( M.D.Shah, J ) srilatha Top