PARAKRAMSINH VIKRAMSINH JADEJA Vs. YOGI CORPORATION

JUDGEMENT

(1.) This is a Revision Application filed under Section 115 of the Civil Procedure Code, 1908, (for short "the Code") challenging the judgment and order recorded by the learned Jt. District Judge, Rajkot, on 1st July, 2002 in Civil Misc. Appeal No.58/2002.

(2.) By the aforesaid judgment and order, the learned Jt. District Judge, Rajkot, dismissed Civil Misc. Appeal No.57/2002 but allowed the Civil Misc. Appeal No.58/2002 and directed that the order passed by the learned trial Judge below application Ex.5 in Civil Suit No.321/2001 be quashed and set aside and the said application Ex.5 was ordered to be dismissed. The parties were made to suffer their own cost in both the appeals.

(3.) Before the appeals were filed, the petitioners, herein, had preferred Special Civil Suit No.321/2001 and in the said suit they had submitted an application Ex.5 for getting temporary relief preventing the first respondent from transferring the suit property and from dealing with the said property in any manner. It was further prayed that the first respondent be prevented from carrying out any construction on the said property till the disposal of the suit. It was further prayed in the said application that the remaining respondents be prevented from transferring the said property to any person during the pendency of the said suit.