BHAGWANDAS ISHWARDAS PATEL (DECD) & 2 Vs. GAYATRIKRUPA SARKARI KARMACHARI CO-OPERATIVE HOUSING SOC LTD & 13

JUDGEMENT

(1.) CHALLENGE in this Appeal From Order preferred under Order 43, Rule 1 read with Section 104 of the Code of Civil Procedure, is the order below Exhibit 5 passed in Special Civil Suit No.25 of 2007, by the learned 12th Additional Civil Judge, Ahmedbad (Rural). Vide said order dated 16.5.2012, learned Trial Judge by common order dismissed application Exhibit 5 preferred under the provisions of Order 39, Rule 1 and 2 and application Exhibit 26 preferred by defendants under Order 7, Rule 11(b) of the Code of Civil Procedure. The appellants challenge the order below Exhibit 5 preferred by the appellants, wherein the appellants (original plaintiffs) prayed for temporary injunction to restrain the respondents Nos.1 to 5 (original defendant Nos.1 to 5) from transferring, assigning or erecting or executing any deed or creating any charge, lien over the land bearing Survey No. 883 admeasuring 3 Acre 32 Gunthas situated in District Sub -District Ahmedabad, Taluka City Mouje Vejlapur. For brevity, the appellants would be referred to as the plaintiffs and the respondent Nos.1 to 5 would be referred to as the contesting defendants , whereas the said land would be referred to as the suit land .

(2.) BRIEF facts giving rise to the present Appeal From Order can thus be stated as under :

(3.) ON this broad fact, I have extensively heard the learned senior counsel Mr. N.D. Nanavati for learned advocate Mr. A.S. Jagirdar and learned senior counsel Mr. Mihir Joshi and learned senior counsel Mr. Dhaval Dave appearing for Mr. A.H. Desai and Mr. J.M. Patel and also Ms. Archana Acharya, learned advocate for respondent No.10 (one of the seller of the suit land of the contesting defendants supporting the plaintiffs). I have carefully examined the pleadings, various documents supplied by both the sides at the time of hearing of present Appeal From Order and I have carefully gone through the impugned order and relevant laws applicable to the facts of the case. After examining the issues involved the order dismissing the injunction application below Exhibit 5 deserves to be upheld for the reasons recorded by the learned Trial Judge and for the reasons recorded herein below.