MANJIBHAI GOVINDBHAI CHIKANI Vs. MULJI LAKHA AND CO

JUDGEMENT

(1.) These two appeals are filed by the defendants in Special Civil Suit No.136 of 2002. Four appellants in Appeal from Order No.294 of 2002 are the original defendants Nos.9 to 12, while eight appellants in Appeal from Order No.295 of 2002, are original defendants Nos.1 to 8. Both these set of appellants are aggrieved by order dated 29.06.2002, passed below Exh.5 by the learned 6th Joint Civil Judge (S.D.), Rajkot. The learned Judge was pleased to restrain defendants Nos.9 to 12 (appellants in Appeal from Order No.294 of 2002) from selling, transferring, assigning and constructing on plot Nos.1 to 31 and plot Nos.33 to 40 of revenue survey No.110 of village Madhapar, admeasuring 20529-3 sq. yds. = 17165-18 sq. mtrs. The learned Judge was also pleased to restrain defendants Nos.1 to 8 (appellants in Appeal from Order No.295 of 2002) from selling, transferring, assigning and constructing on plot No.32 of revenue survey No.110 of village Madhapar, admeasuring 924-1 sq. yds. = 772-68 sq. mtrs.

(2.) The suit was initially filed by one M/s.Mulji Lakha & Co., a partnership firm, having its registered office at Raghav Meghjibhai Parsana, Arjun 5, Kisanpara, Rajkot. Thereafter, Shri Mahendrakumar Prabhudas and Shri Govardhanbhai Haribhai Kanabar were allowed to join as plaintiffs, who are respondent Nos.1 to 3 in both these appeals, while the appellants of each of these appeals are joined as respondents, respectively in each of the appeals. To be precise, appellants of Appeal from Order No.294 of 2002 are the respondent Nos.4 to 7 in Appeal from Order No.295 of 2002, while the appellants Nos.1 to 8 are the respondent Nos.4 to 11 in Appeal from Order No.294 of 2002.

(3.) Facts required to understand the controversy are as follows: