MANMOHANDASJI GURULAXMANDASJI Vs. RAMESH JETHABHAI PATEL

JUDGEMENT

(1.) THE present petition is directed against the order dated 26.06.2012 passed by the learned District Judge below application Exh.4 in Misc. Civil Appeal No.15/06 whereby the learned District Judge has set aside the order below application Exh.5 and has further granted injunction restraining the defendant from entering over the suit property and has further restrained the defendant from disturbing the possession of the plaintiff or of creating any obstruction to the plaintiff in the possession of the suit property.

(2.) I have heard Mr.B.B. Naik with Mr. Mishra with Mr.Rupera for the petitioner and Mr.Pandya for the respondent.

(3.) IF the subsequent order, at para 2 of the operative portion, is based on the earlier order passed by the learned District Judge, then the same also cannot be sustained in the eye of law. The jurisdiction is exceeded for setting aside of the order. The fact remains that by virtue of the said order, the interim application Exh. 4 is disposed of. The Court for all purpose has treated as final disposal of the appeal because at the 4th paragraph of the operative portion, the record and proceedings are also returned back to the trial court. Be as it may, the impugned order for setting aside of the order below Exh.5 passed by the trial court by no stretch of imagination can be sustained in the eye of law since the learned Civil Judge has exceeded the jurisdiction.