DIWALIBEN Vs. UKABHAI NARANBHAI PATEL

JUDGEMENT

(1.) The present Appeal from Order is filed against the impugned order dtd. 10/12/2020 below Exh.5 and Exh.151 in Special Civil Suit No.618 of 2013 passed by the learned 2 nd Additional Senior Civil Judge, Surat.

(2.) The factual matrix giving rise to the present Appeal from order is as under:-

(3.) Ms. Varsha Brahmbhatt, learned advocate for the appellants, submitted that the learned Trial Court has erred in not granting any temporary injunction pending the suit whereby the rights of the appellants have been gravely prejudiced. It is submitted that if the temporary injunction is not granted, the suit properties are likely to be transferred to third parties and thereby defeat the rights of the appellants. She further submits that the learned Trial Court ought to have granted temporary injunction pending the trial instead of expediting the hearing of the suit. She would submit that by way of amendment in the year 2005 in Sec. 6 of the Hindu Succession Act, the appellants have coparcenary rights by birth and the appellants have not relinquished their rights in the suit property. She would further submit that the learned Trial Court has wrongly relied upon the partition deed dtd. 16/7/1991 executed on the stamp paper which is alleged to have been given effect to in the revenue records. It was submitted that in absence of the registration of such partition deed, the appellants coparcenary rights in the properties continue till the properties are partitioned. She would, therefore, submit that the appellants are entitled for temporary injunction pending the trial of the suit.