NATHABHAI DHARAMSHI JADAV Vs. YASHOMATI RAVISHANKAR BAVISHI

JUDGEMENT

(1.) THE petitioners are the original defendants in Regular Civil Suit No.978 of 1997 instituted in the Court of Civil Judge (SD), Rajkot.

(2.) THE proceeding under O.39 R.2A of the Code of Civil Procedure (for short CPC) were instituted against the petitioners for breach of order of status -quo in respect of a wall existing between the properties of the parties. While the trial Court rejected the application, the lower appellate Court by impugned judgment and order found the petitioners guilty of breach of the order of status -quo dated 09/09/1997 passed by learned 8th Joint Civil Judge, (SD), Rajkot. Aggrieved, the petitioners are before this Court.

(3.) BOTH the parties have taken this Court through the plaint, application under O.39 R.2A, order dated 09/09/1997 passed below Exhibit -5 by the trial Court and the impugned order as well as photographs exhibited at the instance of the respondent by the trial Court and the depositions on behalf of the parties.