GOVINDBHAI GIDHABHAI VAGHARI Vs. VAGHARI LAVINGBEN ARJUNBHAI

JUDGEMENT

(1.) When the matter was taken up for hearing in first session, learned advocate Mr. Yogesh Kanade appearing for the petitioners, after arguing to some extent, seeks permission to withdraw this petition with a relief that final hearing of the Regular Civil Suit No.57 of 2021 may be expedited. Consequent to the request made by learned advocate for the petitioners, this Court has been pleased to dispose of the petition by passing following order in first session:-

(2.) However, just before recess time period, learned advocate Mr. Yogesh Kanade appearing for the petitioners requests the Court to pass reasoned order. In view of such subsequent request, the aforestated order is hereby recalled and following reasoned order is passed.

(3.) By way of this petition under Article 227 of the Constitution of India, the unsuccessful petitioners - original plaintiffs (in short "the plaintiffs") of Regular Civil Suit No.57 of 2021 challenges the concurrent findings passed by the learned Court below, whereby the learned 9th Addl. Civil Judge, Mehsana dismissed the injunction application Exh.5 filed under Order 39 Rule 1 and 2 r/w Sec. 151 of the Civil Procedure Code, 1908 (for short "CPC") and refused to exercise discretion as well as equity in favour of the plaintiffs. The order passed below Exh.5 has been carried unsuccessfully to challenge by way of filing AO No.19 of 2022 before the learned 3 rd Addl. District Judge, Mehsana under Order 43 Rule 1(r) of the CPC unsuccessfully.