JITUBEN ARJANBHAI SATVARA Vs. NARSINHBHAI ZINABHAI SATVARA

JUDGEMENT

(1.) This petition is filed under Article 227 of the Constitution of India challenging the order passed below Exhibit-85 dtd. 16/7/2015 passed by 2nd Additional Senior Civil Judge, Morbi in Special Civil Suit No. 106 of 2006 as also the order dtd. 16/11/2019 passed by the appellate Court in Civil Misc. Appeal No. 12 of 2015.

(2.) The petitioners are heirs and legal representatives of deceased Jituben Arjanbhai Satvara - original plaintiff in the suit. The respondent Nos. 10 and 11, who are defendants No. 10 and 11 in the suit, submitted pursis Exhibit-73 stating therein that they shall not sell the property till the final disposal of the suit and in that terms, Exhibit-5 application came to be disposed of vide order dtd. 3/3/2007. Thereafter, vide application Exhibit-85, the original petitioner - plaintiff had prayed for injunction against defendant Nos. 10 and 11 that they be restrained from carrying out any activity other than agricultural activity with the suit land either themselves or through any agent, which came to be rejected by the trial Court by assigning detailed reasons and as submitted by the learned advocate for the petitioners that defendant Nos. 10 and 11 put up a case that they are not making any construction over the suit property but in the adjoining land, and therefore, trial Court rejected their application Exhibit-85. The appellate Court has also confirmed the finding recorded by the trial Court below Exhibit-85. It is against both these orders that this petition under Article 227 of the Constitution of India is filed.

(3.) Learned advocate for the respondent Nos. 10 and 11 submitted that evidence in the suit is already concluded and it is posted for arguments and judgment.