J N EDUCATION SOCIETY Vs. SANGITABEN N THAKKAR

JUDGEMENT

(1.) This First Appeal is at the instance of some of the defendants [defendants No.3, 3A, 3C, and 3E] in a Summary Suit for recovery of money and is directed against the judgment and decree dated 10th May 2006 passed by the 7th Additional Senior Civil Judge, Ahmedabad [Rural], in Special Summary Suit No. 11 of 2003, thereby directing the appellants before us, who were some of the defendants, to make payment of Rs.48,51,932-90 to the plaintiffs with interest at the rate of 12% per annum from the date of filing of the suit till the amount is recovered. The defendants No. 1 to 3 were further restrained from transferring or getting transferred the property referred to by the plaintiffs in Schedule I in favour of any person either personally or through their representatives, heirs, guardians, successors or present or future trustees or their agents, assignees, till the disposal of the suit, although the suit had been disposed of by the decree itself.

(2.) Being dissatisfied, some of the defendants have come up with the present First Appeal.

(3.) It appears from the record that the plaintiffs filed against some persons including the present appellants a summary suit contemplated under Order 37 Rule 1 of the Code of Civil Procedure thereby praying for recovery from the defendants a sum of Rs.48,51,932-90 with interest at the rate of 15% per annum from the date of filing of the suit till recovery.