NARENDRABHAI SANCHANIYA Vs. HARISH DEVRAMBHAI RAMANRAJ

JUDGEMENT

(1.) BY way of present application, the applicants have prayed for staying the judgment and order dated 12th April 2010 passed by the 3rd Additional Senior Civil Judge, Rajkot, below Exh.5 in Civil Suit No.86 of 2009, pending hearing and final disposal of the appeal. When present application came up for admission hearing on 22nd July 2010, this Court passed the following order : Rule returnable on 18th August, 2010. Ad-interim relief in terms of para 4(B) Direct Service is permitted.

(2.) IT is submitted by the learned advocate for the applicants that under the provision of Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908, the opponent-original plaintiff had to establish prima facie case on the basis of the material and evidence available with him and the opponent cannot have benefit of the weakness of the applicants; that the trial Court has erred on one hand in not believing that the opponent herein has paid any consideration to the applicants and despite the same, has granted injunction. On service of notice of Rule, the opponent-original plaintiff filed a detailed affidavit-in-reply and submitted that the impugned order passed by the trial Court is just and proper and the trial Court has passed the order after perusing the documents on record and taking into consideration the prima facie case and balance of convenience in favour of the opponent herein. Hence, present application is required to be rejected.