P A SHUKLA Vs. DHIRUBHAI KARSANBHAI THAKKER

JUDGEMENT

(1.) Heard Ld. Advocates for the parties. Being aggrieved and dissatisfied with the order dtd. 15.10.2001, passed by the Ld. City Civil Judge, Court No.12, Ahmedabad below exh. 5 & 6 in Civil Suit No. 4752 of 2001, the petitioner/original plaintiffs have preferred this appeal from order under Sec. 104 read with order 43 Rule 1 of C.P.C.

(2.) While deciding this appeal from order, the following question arises before me for consideration;

(3.) With the consent of the advocates for the parties, the appeal is heard finally. The case of the petitioners/original plaintiffs in nut shell are as under:- The petitioners had filed a Civil Suit bearing No. 4752 of 2001 before the City Civil Court, Ahmedabad, to take out the notice of motion against the present respondents/original defendants, restraining them from putting gate or constructing a wall or causing any kind of obstructions or hindrances, on the land, which is used by the school, wherein, the present plaintiffs are the teachers. The school is situated at Prabhupark Society, Opp. Ramji Mandir, Punit Marg, Maninagar, Ahmedabad.