SHAILESHBHAI JIVRAMBHAI Vs. MOHANBHAI BABABHAI

JUDGEMENT

(1.) THE present appeal from order is directed against the judgment and order dated 19.4.2012 passed by learned 8th Additional Senior Civil Judge, Ahmedabad (Rural) below Exh.5 in Special Civil Suit No.1088 of 2011 whereby the application Exh.5 came to be rejected.

(2.) THE facts of the case are that the appellants-original plaintiffs have filed the suit praying for temporary injunction restraining the defendant nos.9 to 19, their servants, agents and their persons from interfering with the possession and occupation of the plaintiffs. In the said suit, the plaintiffs have also filed the application below Exh.5 and prayed for interim injunction.

(3.) MR.Shah, learned advocate for the appellant drew attention of this Court to the General Power of Attorney executed by one Mohanbhai and other persons in favour of Niravbhai Vrajlal and Tushar Rajeshbhai and submitted that considering the averments made in paragraph 1, it prima facie shows that fraud is committed and so when prima facie it is found that fraud is committed, then the trial Court ought to have granted injunction in favour of the appellants. The trial Court has not considered the said facts and thereby committed an error in rejecting the injunction application.