SWARUP KUNVARBA BALVANTSINH UDAVAT Vs. PRATAPSINH NATHUSINH JADEJA

JUDGEMENT

(1.) At the time of admission hearing of this Appeal From Order, the learned advocates for both the parties requested this Court to admit this appeal and dispose of this appeal finally. At the request of both the parties' advocates, this Appeal From Order is admitted and the matter is taken up for final hearing.

(2.) This is an appeal under Sec.104 (1) of the Civil Procedure Code, 1908 read with Order 43 Rule 1(r) of the Civil Procedure Code, 1908, filed by original defendants challenging the legality and validity of joint order dated 10th August, 2000 passed below application Exhs. 5 and 95 in Special Civil Suit No. 11 of 2000 which is pending on the file of the learned Civil Judge (S.D.), Himatnagar (who will be referred to hereinafter as the learned Judge of the trial Court).

(3.) The appellants are the defendants, while the respondent is a plaintiff in aforesaid Special Civil Suit No.11 of 2000, and therefore, the parties will be referred to as the plaintiffs and defendants respectively at appropriate places.