ANILKUMAR NARMADASHANKAR TRIVEDI Vs. PATEL DHANJIBHAI BHIMABHAI BHUVA

JUDGEMENT

(1.) The petitioner - original defendant has filed this application against the order passed by the Court of Extra Assistant Judge, Gondal in Misc. Civil Appeal No.91 of 1995.

(2.) The short facts of the present application is as under.

(3.) That the respondents - original plaintiffs, soon after purchase of the suit property, in which the present petitioner and other are sitting tenants, instituted a suit against the present petitioner - original defendant for declaration and permanent injunction alleging that they have right to erect dividing wall in the osri and terrace over the residential room of the petitioner, alleging that the present petitioner has no right to the same as tenant and he cannot be prevented in making construction and, therein, by application, Ex.5, the respondents - original plaintiffs prayed for interim injunction, restraining the present petitioner from getting construction in terrace and dividing wall in osri.