DAYALJIBHAI DEVSHIBHAI MALI Vs. KANABHAI DHANABHAI GOJIYA

JUDGEMENT

(1.) PRESENT Civil Application has been filed by the applicants under Order 39, Rule 2(a) of the Civil Procedure Code for the following prayers :

(2.) IT is contended inter alia in the said application that on 19.11.2012, the respondents and other persons mentioned in the said application tried to forcibly enter into the lands of the applicants. It is also contended that some of them were armed with sticks and baseball and threatened the applicants. It is contended that the photographer was called to take photographs but before it could be done, one Narendrasinh Zala grabbed the camera and threatened the photographer to leave the place immediately and thus they have flouted the orders of this Court and have tried to overreaching the process of the court, for which, complaint has also been filed to DSP on 19.11.2012.

(3.) IT is contended that these contentions have been raised without prejudice to the main contentions on merits that the sale deed in question has been duly signed and executed by the present applicants before the SubRegistrar without any objection and, therefore, it is not open to challenge the same by way of filing any suit particularly when earlier suit being Regular Civil Suit No.129/2010 has been withdrawn.