RANJIT DHIRAJLAL DESAI Vs. NITABEN

JUDGEMENT

(1.) These Appeals From Orders are preferred under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 ('CPC' for short). Appeal From Order no.12 of 2023 is filed by the original defendant nos.2 to 4 being aggrieved by the order dtd. 12/1/2023 passed below Exh.5 in SCS No.16 of 2022 (Old RCS No.98 of 2020) by the learned Principal Senior Civil Judge, Valsad, whereby the applicant Exh.5 preferred by the original plaintiffs seeking injunction against the defendants came to be allowed. Being aggrieved by the very same order, defendant no.5 has filed the Appeal From Order No.13 of 2023.

(2.) As both these appeals are arising out of the same order, the facts are same and the arguments advanced are also same, they were ordered to be tagged together by a previous order dtd. 1/2/2023. Accordingly, they are heard together and disposed of by this common judgment. The parties are referred to hereinafter by their original status of plaintiffs and defendants for the sake of convenience.

(3.) The brief facts leading to filing of these appeals, as stated in the memo of appeals are such that the opponents-original plaintiffs filed Special Civil Suit No.16 of 2022 (Old RCS No.98 of 2020) for partition, declaration, permanent injunction and also for accounts against the defendant nos.1 to 4 (who are the brothers of the plaintiffs) and against the defendant no.5 who is subsequent purchaser; that on 10/5/2019 and 22/1/2020, the appellants herein entered into an agreement to sale for the suit property with defendant no.5, originally the said property was an agricultural land which was subsequently converted into non- agriculture land and at present, the defendant no.5 is putting up the construction over the said property. It is averred that along with the said suit, application Exh.5 was also preferred by the plaintiffs to which the defendants opposed and after hearing the said application, the learned trial Court has allowed the said application at Exh.5 vide order dtd. 12/1/2023. The defendant nos.1 to 4 and defendant no.5 gave applications at Exh.78 and 79 respectively, praying to stay the said order to approach the higher forum, which was allowed and the order passed below Exh.5 was stayed for 20 days.