DIMPLEBEN SANJAY KUMAR SHAH Vs. RAMESHBHAI KANTIBHAI PATEL

JUDGEMENT

(1.) The present petition is filed by challenging the th impugned order passed by the 10 Additional Senior Civil Judge, Gandhinagar dtd. 11/4/2023 below Exh.13 in Special Civil Suit No.84 of 2023.

(2.) Heard learned advocate Mr.Siddharth Dave for the petitioners, learned advocate Mr.Manish Patel for respondent nos. 1 and 2 and learned advocate Mr.Abhaykumar Shah for respondent nos.3 and 4- caveator.

(3.) The brief facts of the case are such that the suit is filed by the present respondent nos.1 to 4 before the learned Principal Senior Civil Judge, Gandhinagar on 24/3/2023, which is registered as Special Civil Suit No.84 of 2023 for cancellation of the sale deed which is executed in favour of the present petitioners-original defendants nos.4 and 5 by the defendant nos.1,2 and 3 being nos.36421 and 36422 on 12/6/2022 for the land of old block no.143 and 148 admeasuring 23/25/95 h.are.sq.mtr. of mouje Limbadiya, District Gandhinagar and resurvey as block nos.201 and 186. Pursuant to the said suit, the original plaintiffs have filed application for injunction under the provisions of Order 39 Rule 1 and 2 of the of Civil Procedure, 1908 ('CPC' for short). The learned trial Court issued the summons by order dtd. 24/3/2023 which reads as under: "the summons for settlement of issues to the defendant on payment of PF returnable on 2/5/2023. (that was subsequently corrected as 11/4/2023)".