ASHWINBHAI NARANBHAI PATEL Vs. PARTH PRAVINBHAI PATEL

JUDGEMENT

(1.) HEARD the learned senior advocate Mr. R.S. Sanjanwala with learned advocate Mr. Dhaval Vyas on behalf of the appellant. Learned senior advocate Mr. Yatin Oza with Mr. Patel in the Civil Applications as aforesaid.

(2.) THE appellant Parth Pravinbhai Patel has filed a Special Civil Suit No.399 of 2007 in the Court of learned Principal Senior Civil Judge of Ahmedabad (Rural), Mirzapur at Ahmedabad. The appellant is a plaintiff of Special Civil Suit No.388 of 2007. The said suit has been filed by the plaintiff/appellant for the relief of declaration, partition and perpetual injunction. In this suit, the plaintiff had filed an application for the grant of interim temporary injunction under the provisions of Order 39, Rule 1 and 2 read with the provisions of Section 151 of the Code of Civil Procedure. The plaintiff has prayed for the relief of interim injunction vide application Exhibit 5 that the defendants be restrained from interfering with the possession of the suit land and further, the defendants be restrained from alienating the suit land in any manner whatsoever in favour of third person. At the initial stage, the leaned Judge of the Trial Court has granted ex parte order of statusquo in favour of the plaintiff and against the defendants.

(3.) BEING aggrieved and dissatisfied by the judgment and order passed by the learned Judge of Trial Court below application Exhibit 5 dated 4.12.2007, the plaintiff of Special Civil Suit No.399 of 2007 has preferred and filed the present Appeal From Order under the provisions of Order 43, Rule 1(r) of the Code of Civil Procedure.