LAWS(GJH)-2014-9-289

HIRALAL NARSINHBHAI HADAKIYA THROUGH POA BIKEN I JAGIWALA & 3 ORS. Vs. GOKULBHAI SAMUBHAI PATEL & 25 ORS.

Decided On September 11, 2014
HIRALAL NARSINHBHAI HADAKIYA THROUGH POA BIKEN I JAGIWALA And OTHER Appellant
V/S
GOKULBHAI SAMUBHAI PATEL And OTHERS Respondents

JUDGEMENT

(1.) Challenge in the present Appeal from Order preferred under Order 43 Rule 1(r) of the Code of Civil Procedure (for short, the 'Code') is the order dated 31.08.2010 passed by the learned Principal Senior Civil Judge, Surat below Exh.5 in Special Civil Suit No.301 of 2006 whereby, the learned trial Judge granted relief in terms of para 16(1) of the injunction application whereby, the respondent No.1 original plaintiff has prayed to restrain the defendants from transferring, selling or changing identity and disturbing the plaintiff's right and interest in respect of the land bearing Revenue Survey No.490, New Revenue Survey No.299/3 admeasuring 23200 sq.mtr. situated at village: Vesu, Taluka: Choryasi, District: Surat (for short, the 'suit land').

(2.) The parties to the present proceedings would be referred to as per their original status in the plaint for convenience.

(3.) Learned advocates appearing for the respective parties placed on record written declaration dated 24.07.2014 to the effect that the impugned order dated 31.08.2010 passed by the trial court is construed to be a common order passed below Exh.5 as well as Exh.116 granting injunction against the defendants. Accordingly, the present Appeal from Order is considered as a common order passed below Exhs.5 and 116 with the consent of the learned advocates for the respective parties. The said declaration is ordered to be taken on record.