SHIVUBHAI DIPSANG VAGHELA Vs. MIT GOPALBHAI SHAH

JUDGEMENT

(1.) Heard learned Senior Advocate Mr. R.S. Sanjanwala with learned Advocate Mr. Sunil S. Joshi for the appellants, learned Senior Advocate Mr. Mehul S. Shah with learned Advocate Mr. Meetkumar J. Pandit for respondents no. 2 and 3 and learned Advocate Mr. S.P. Majmudar on behalf of respondent no.1 both the Appeals from Order and learned Advocate Mr. Abhishek Sharma for learned Advocate Mr. Vimal A. Purohit on behalf of respondent no. 15.2 in Appeal from Order 146 of 2022.

(2.) Appeal from Order No. 146 of 2022 calls into question an order passed by the learned Principal Senior Civil Judge, Sanand below application Exh. 9 preferred by original defendants no. 1 to 3, 5 to 7, and 9 to 13 for interim injunction in Special Civil Suit No. 56 of 2022.

(3.) Appeal from Order No. 186 of 2022 calls into question an order passed by the learned Principal Senior Civil Judge, Sanand below application Exh. 24 preferred by the original defendants no.14.1 and 15 in Special Civil Suit No. 56 of 2022 more particularly under Order 39 Rule (4) of the Code of Civil Procedure seeking for recalling order passed by the learned Principal Senior Civil Judge, below application Exh. 9 on 4/8/2022. It is also required to be noted that along with application Exh. 9 being moved by the defendants named hereinabove, the respondent no.1- original plaintiff had also moved application below Exh. 12 in the said civil suit praying for interim injunction.