BHAVANBAHI DHANABHAI BHARVAD Vs. MANAJI MANGAJI THAKOR

JUDGEMENT

(1.) This Appeal from Order has been preferred under Sec. 104, Order 43 Rule 1(R) of the Code of Civil Procedure, 1908 against the order dtd. 5/4/2016 passed by learned City Civil Court, Ahmedabad below Exh-7 in Civil Suit No. 3110 of 2013 whereby the injunction application i.e. Notice of Motion has been rejected.

(2.) It is contended that the appellant- plaintiff is in possession of the suit property since 1991 and he is cultivating the land in question. It is also contended that there was a Will which was executed in favour of the plaintiffs by the defendant and there was an entry No. 2509 dtd. 13/3/2013 pertaining to that effect in the revenue record. It is contended that the trial Court has failed to appreciate the fact that the report of Court Commissioner clearly shows that the plaintiff is in possession of the suit property. It is also contended that the plaintiff has paid full consideration of the land and since he was in possession, the trial Court ought to have granted injunction as question of immovable property is involved. It is contended that without considering the report of the Court Commissioner, the trial Court has erroneously observed that the plaintiff is in possession of the suit property and has prayed to quash the interim order and grant injunction.

(3.) Heard Mr. Karathiya, learned advocate for Mr. S.P. Majmudar, learned advocate for the appellant and Mr. Digant Popat, learned advocate for the defendant No.6.