NARENDRA JAGANNATH VARMA Vs. NALIN (YOGESH) JAGANNATH VARMA

JUDGEMENT

(1.) Heard learned senior advocate Mr.Anshin Desai assisted by learned advocate Mr.Jay Thakkar for the appellants, learned senior advocate Mr.I.H. Syed with learned advocate Mr.Chirag Upadhyay for respondent Nos.1 and 2, learned senior advocate Mr.Dhaval Dave with learned advocate Mr.Mrugen Purohit for respondent No.3, and learned advocate Mr.Digant Kakkad with learned advocate Mr.Kishan Dave for respondent No.4.

(2.) This Appeal From Order as initially preferred, was against common order dated 19th November, 2019 passed by learned 4th Additional Senior Civil Judge, Anand, whereby application Exh.5 and application Exh.35 filed by the appellants-plaintiffs in their Special Civil Suit No.82 of 2018 came to be dismissed. Application Exh.5 was for interim injunction to restrain the respondents-defendants from transferring, alienating or encumbering the suit properties.

(3.) The parties to the suit are family members. Plaintiff Nos.1 and 2 and defendant No.1 are real brothers, defendant No.2 happens to be the wife of defendant No.1 and defendant No.4 is the mother. The suit was instituted on 25th July, 2018 which was for the relief of declaration that registered sale deed dated 09th October, 2017 in favour of defendant No.3 was null and void and not binding to the appellantsplaintiffs. The prayer was made to direct defendant No.3 to execute registered sale deed in favour of plaintiff Nos.1 and 2 for 500 sq. mtrs. of land each out of total 1500 sq. mtrs. The partition was claimed of the suit land to the extent of one-third in favour of each brother-the plaintiffs and defendant No.1. In addition to above prayers, damages were also prayed for. A prayer for permanent injunction was also made against the defendants not to transfer or create encumbrance over the suit land.