CHANDRA DARSHAN DEVELOPERS THROUGH PARTNER Vs. HIRALAL GOPALBHAI

JUDGEMENT

(1.) With the joint consent of the learned Senior Counsels and learned advocates appearing for the parties, the Appeal has been heard finally at the stage of admission.

(2.) Being aggrieved and dissatisfied with the impugned order dtd. 17/2/2022 passed below Exh-5 in Special Civil Suit No. 67 of 2019 passed by the learned Principal Senior Civil Judge and Additional Chief Judicial Magistrate, Kathor District: Surat whereby the defendants have been restrained to sale, transfer, mortgage or pass any interest to third party and to maintain status-quo as far as unsold plots from a total 447 Plots in the suit property situated at Village: Kamrej, Taluka: Kamrej and District: Surat, the original defendants have preferred this Appeal from Order under Order 43 Rule 1 (r) of Code of Civil Procedure. The appellants are the original defendants and the respondent is the original plaintiff before the trial Court. For brevity and convenience, the parties are referred to herein as per their status before the trial Court.

(3.) The essential brief facts as emerged from the record are as under: