LAKSHMIBEN Vs. SAMBHUBHAI PRAHALADBHAI THAKOR

JUDGEMENT

(1.) Heard learned senior advocate Mr. Mehul Shah assisted by learned advocate Mr. Arpit Patel for the appellant-applicant - original plaintiff and learned advocate Mr. Prabhav Mehta for respondent Nos.4 and 4.1 - original defendants.

(2.) Learned senior advocate Mr. Mehul Shah for the appellant-applicant has pointed out that at the time of instituting the suit, interim relief as prayed for in application Exh.5 was initially granted after hearing learned advocates for the respective parties and after affording reasonable opportunity. He has also pointed out that thereafter, while disposing of application Exh.5, the learned trial court confirmed the interim relief except for the land admeasuring 7607 sq. mtrs. sold to defendant No.4 and extended the interim relief till 20.03.2020 in order to enable the appellant-applicant to approach this Court. Hence, this Appeal and Civil Application for stay have been preferred before this Court.

(3.) Learned advocate Mr. Prabhav Mehta for respondent Nos.4 and 4.1 has vehemently contended that since the plaintiff and other defendants relinquished their right and after giving public notice, the aforesaid land came to be purchased by defendant No.4, the learned trial court rightly kept out the order regarding issuance of injunction so far as the property sold to defendant No.4 is concerned. He has also pointed out that in order to relinquish their right, the plaintiff and other defendants also accepted Rs.25 Lacs on 05.04.2014.