SWAMI SHIVRAMDASJI GURU RAMSHARANDASJI Vs. VASANTIBEN ALIAS VASUMATIBEN

JUDGEMENT

(1.) BY way of filing this Appeal from Order, the appellant has challenged the judgement and order passed by the 19th Court of the City Civil Court, Ahmedabad below Exh. 59 whereby the application Exh. 59 for interim injunction in Regular Civil Suit No. 3311 of 1991 is rejected.

(2.) THE facts of the case in brief are that the appellant has preferred application Exh. 23 in a Civil Suit No. 3311 of 1991 instituted in City Civil Court at Ahmedabad challenging the consent decree passed on 05.01.1979 in H.R. P Suit No. 1936 of 1974 between the tenants, respondent Nos. 2 to 5 and the landlord Ramcharitracharyaji Guru Biharidasji who had died pending the suit. THE Will was made and suit property along with other properties were bequeathed in favour of the appellant and the appellant became owner of the suit property in which respondent Nos. 2 to 5 were the tenants. THE appellant preferred application Exh. 23 for joining him as party to the suit which was opposed by the respondent No.1. THE tenants and respondent Nos. 2 to 5 vacated the suit premises and handed over the possession thereof to the appellant herein as owner successor landlord. THE application Exh. 23 was rejected which was challenged by preferring Special Civil Application No. 17831 of 2003 which is allowed permitting the appellant to join him as a party respondent in the pending Civil Suit No. 3311 of 1991. THEreafter Exh. 59 application for interim injunction was preferred by the appellant before the City Civil Court, Ahmedabad which was rejected on 13.01.2006. Hence, this Appeal from Order.

(3.) IN view of disposal of Appeal from Order, Civil Application does not survive and the same stands disposed of accordingly.