VIRENDRABHAI DEVJIBHAI PATEL Vs. KESHAVBHAI MAKANBHAI

JUDGEMENT

(1.) Leave granted.

(2.) The alleged violation of an interlocutory injunction dated 21.02.2007 passed in RCS No.59/2007 on the file of Civil Judge, Senior Division, Surat has given rise to these appeals. The prayer in the Application for Interlocutory injunction reads as follows:- "(a) To grant interim stay order till the final disposal of the suit in favour of the plaintiff and against the defendants that since the undistributed share registered land bearing Dist. Surat Tal. Choryasi Moje village Vesu R.S. No. (old) 550 (New) No.346, admeasuring 20700 sq. mts. paiki 13800 sq. mts. is purchased by the plaintiff from the defendants through the registered sale deed and the defendants directly or indirectly through his servants, agents, or other persons does not have any right authority to act, interfere, hinder, oppose, to bring deficiency in the possession occupancy rights of the plaintiff, and to prevent the defendants from making any type of process, administration, transaction, arrangement or documents in the form of sale deed with regard to the questionable and prevent the defendants from doing or getting done any type of acts which bring deficiency in the ownership, possession, occupancy of the plaintiff with regard to questionable land. Be pleased to pass the order to forward a Yadi of this order to the Talati cum Mantri - Vesu and Mamlatdar (Choryasi) and Deputy Collector (Choryasi Region) - Surat."

(3.) In terms of the said prayer, the VIth Additional Senior Civil Judge and J.M.F.C., Surat granted an interim order dated 21.02.2007. While the order was in force, it appears there was a transfer of an extent of 6900 sq. mts. inter se defendents.