NILESHKUMAR HIRALAL MODI Vs. HITESH KAUSHIKKUMAR MODI

JUDGEMENT

(1.) Both the Appeal From Order No.86 of 2011 and Appeal From Order No.87 of 2011 are filed by the appellant- original plaintiff (hereinafter referred to as 'the plaintiff' for the sake of brevity and convenience) being aggrieved by the common order dated 25-2-2011 passed by the learned Judge, City Civil Court No.13, Ahmedabad, dismissing Notice of Motion Ex.6 and ad-interim injunction application Ex.7 filed by the plaintiff with cost of Rs.3,000/-and allowing the Notice of Motion Ex.13 and injunction application Ex.14 filed by the respondents -original defendants (hereinafter referred to as 'the defendants' for the sake of brevity and convenience) . Civil Application Nos.2883 of 2011 and 2884 of 2011 are filed for stay of the impugned common order.

(2.) Short facts are that a suit being Civil Suit No.2778 of 2009 was filed by the plaintiff seeking permanent injunction against the defendants from taking possession of and interfering with the shop bearing Survey No.4336 situated at Khadiya Ward No.1, Near Raipur Gate, Ahmedabad, and also for cancellation of sale deed dated 19-1-2004 executed between the plaintiff and the defendants qua the said shop together with Notice of Motion Ex.6 and application for ad-interim injunction Ex.7. The defendants also filed Notice of Motion Ex.13 and application for restoration of suit premises Ex.14. Upon affording opportunity of hearing to learned advocates appearing for the respective parties, learned Judge, Court No.13, City Civil Court. Ahmedabad, dismissed the Notice of Motion and ad-interim injunction filed by the plaintiff and allowed the Notice of Motion and restoration application filed by the defendants.

(3.) Heard learned counsel, Mr.Mehul S.Shah with learned counsel, Mr.V.M.Pancholi for the plaintiff and learned counsel Mr.Sunit Shah for Mr.N.V.Gandhi, learned advocate, for the defendants.