KHAMBHAT NAGARPALIKA Vs. BABUBHAI DHANAJI MARWADI

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India assails the order dated 27.11.2020 passed below exh. 76 in Regular Civil Suit No. 41 of 2016 by the learned Principal Senior Civil Judge, Khambhat, whereby, an application preferred by the present petitioner -original defendant under O.6 R.17 of the Civil Procedure Code, 1908 (CPC) came to be rejected.

(2.) Rule.

(3.) Filtering the unnecessary details, the case on hand are that the petitioner is the original defendant and the respondents are the original plaintiffs who have filed a civil suit being Regular Civil Suit No. 41 of 2016 for declaration and permanent injunction before the concerned Civil Court at Khambhat. In the said suit, the respondents -plaintiffs had filed an application exh. 5 for interim injunction as well as an application exh. 20 for mandatory injunction and by a common order dated 06.08.2016, the learned 4th Additional Civil Judge, Khambhat was pleased to partly allow application exh. 5 and directed to maintain status quo qua the suit property till final disposal of the suit, however, rejected the application exh. 20 for mandatory injunction. The order passed below exh. 5 came to be challenged before the first appellate Court by way of Misc. Civil Appeal No. 180 of 2016, however, the learned Additional District Judge at Anand rejected the said appeal by an order dated 13.10.2017 and confirmed the order dated 06.08.2016, against which, the petitioner - defendant preferred a petition being Special Civil Application No. 1514 of 2018 before this Court, which came to be disposed of vide order dated 06.08.2019 by this Court without disturbing the aforesaid orders, however, the suit came to be expedited.