SHRIMATI GEETABEN JAYANTILAL DESAI Vs. MAHESHBHAI MAGANBHAI DESAI

JUDGEMENT

(1.) Present Appeal From Order has been preferred by the appellants - original plaintiffs challenging the order passed by the 2nd Additional Senior Civil Judge, Valsad below Ex.5 in Special Civil Suit No.2 of 2021 dtd. 12/07/2021, whereby the learned Civil Judge was pleased to reject the application of the appellants seeking injunction.

(2.) Heard Mr.Ashish Dagli, learned advocate, assisted by Ms.Meghna Patel and Mr.Kaushal Modi, learned advocates for the appellants, Mr.Adil Mirza, learned advocate, assisted by Mr.Yagnit Patel, learned advocate for the respondent Nos.1, 3 and 5 and Mr.Malaykumar Patel, learned advocate for the respondent Nos.2, 4, 6 & 7.

(3.) Having heard the learned advocates for the respective parties and considering the material on record, it appears that the dispute pertains to the property and appellants have claimed to have right in the property through partition, which is objected and denied by the respondent Nos.1, 3 and 5 and the dispute is regarding construction made by the respondent Nos.1, 3 and 5. Considering the order of the trial court as well as documents on record, it appears that the dispute is of such a nature which requires evidence to be recorded by the trial court wherein rights of the parties can be decided and distinguished as to who is having right and question of fact regarding partition being made or not can be decided by the trial court.