PRATHMESH FARMS PVT LTD Vs. DAHIBEN BHANABHAI

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India, has been preferred against order dated 18 -9 -2012, passed by the learned Addl. District Judge, Surat (the Appellate Court), in Civil Misc. Appeal No.76 of 2008, whereby the order passed by the learned 11th Addl. Senior Civil Judge, Surat (the Trial Court) below the application at Exh.5 in Regular Civil Suit No.137 of 2007, has been quashed and set aside.

(2.) BRIEFLY stated, the relevant facts of the case are that the petitioners (original plaintiffs) instituted the above -mentioned Suit against the respondents for declaration and grant of a permanent injunction in respect of the suit property, being land bearing Old Revenue Survey No.546 (new Revenue Survey No.331), admeasuring 8900 Sq. Meters of Mouje Vesu, Taluka Choryasi, District Surat, which, according to them, was purchased by them by a Registered Sale Deed dated 2 -6 -2000. Along with the Suit, the petitioners filed an application at Exh.5 for grant of a temporary injunction, pending the Suit. The said application was partly -allowed by the Trial Court vide order dated 7 -6 -2008. Being aggrieved by the said order, respondents Nos.1 to 8 (original defendants Nos.1 to 8) filed an appeal before the Appellate Court. The said appeal has been allowed and the order passed by the Trial Court below the application at Exh.5 has been quashed and set aside. Being aggrieved by the order of the Appellate Court, the petitioners are before this Court.

(3.) MR . Shital R. Patel, learned advocate for the petitioners has submitted as under: