SHANTABEN KANJIBHAI CHIKABHAI HARIJAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The following substantial prayers are made in this petition:

(2.) The above reliefs are sought the background of the following facts :­

(3.) Revenue proceedings ensued in respect of the dispute regarding the ownership of the said properties, though it is only the Competent Civil Court which can decide the ownership of the property, the Revenue Court by order dated 01.08.1992 and assigned the lands in the name of respondent No.2. The petitioners challenged the decision of the Revenue Authorities by filing Regular Civil Suit No.156 of 1993 in the Court of learned Senior Civil Judge (Senior Division), Ahmedabad Rural, which came to be dismissed for want of prosecution by order dated 05.12.2008. The petitioners preferred Civil Misc. Application No.81 of 2016 in the Court of Senior Civil Judge, at Mirzapur, Ahmedabad Rural. The said proceedings came to be transferred to the Court of Senior Civil Judge, Sanand, where the application was renumbered as Civil Misc. Application No.22 of 2017. The learned Senior Civil Judge, Sanand by order dated 04.10.2018 rejected the said application which was for the condonation of delay which has occurred in preferring restoration application for restoration of Regular Civil Suit No.156 of 1993. Being aggrieved the petitioners have assailed the order before this Court by filing Special Civil Application No.18622 of 2018, which is pending. Thereafter, the petitioners instituted one another suit being Regular Civil Suit No.347 of 2016 in the Court of learned Senior Civil Judge, Sanand for mandatory injunction restraining the respondent No.2 who is the defendant No.1 in the suit from taking the possession of the land from the petitioners or from raising any constructions thereon. The petitioners also took out Exh.5 application order for temporary injunction under Order 39 Rule (1)(2) of the Civil Procedure Code in the above terms. Exh.5 application came to be rejected by the learned Trial Judge vide his order dated 31.01.2019. Mr. Tejas Satta, learned advocate for the petitioners under the instructions submits that the order of rejection of Exh.5 application is challenged in the District Court by filing an Appeal.