BHAVESHBHAI SHAH Vs. ART NIRMAN LIMITED

JUDGEMENT

(1.) This petition is filed by the petitioners-original plaintiffs with the following prayers:

(2.) The brief facts leading to filing of this petition, as stated in the petition, are such that the petitioners filed Civil Suit No.1499 of 2022 on 24/10/2022 for permanent injunction, declaration, direction and damages with regard to the flat nos.B-3, I-2 and I-6 of New Ashiyana Flats, Bhimjipura, Navavadaj, Ahmedabad stating that as originally, the New Ashiyana Flats is the cooperative housing society and as the present petitioners-plaintiffs are/were also the members of the said society, they have equal undivided share in the land on which the said society is/was situated and therefore, the land appurtenant to the said flats also form part of the suit properties; that the urgent notice/summons were issued to the defendants on 24/10/2022 making it returnable on 2/11/2022; that the application for appointment of Court Commissioner was allowed on 24/10/2022; that the summons/notice were duly served on the defendants on 28/10/2022, however, due to non-cooperation of the defendants, the court commission could be done from outside the premises only; that the defendants started to demolish the Block B and I on 29/10/2022; that the the defendants were demolishing the flats and therefore the plaintiffs gave application on 31/10/2022 to prepone the matter and the matter was preponed by the learned In-charge chamber Judge from 2/11/2022 to 1/11/2022; on 1/11/2022, the mother of the original plaintiff no.1 expired; that the plaintiffs filed application dtd. 31/10/2022 on 1/11/2022 to maintais status- quo vide Exh.18; that the original defendants appeared through advocate and instead of filing reply to the application Exh.18, gave application under Order 7 Rule 11 of CPC; the said application under order 7 Rule 11 of CPC was rejected on 7/11/2022; during the arguments of application under Order 7 Rule 11 of CPC, the learned court asked to explore the possibility of settlement, if any and revert back on 2/11/2022 by 11 A.M. and till then, the Court was pleased to grant status-quo vide order passed below Exh.18; the learned advocate for the plaintiffs tendered application Exh.22 to extend/continue the order of status-quo; however, the said application was rejected vide order dtd. 2/11/2022; the plaintiffs gave application at Exh.24 to stay the said order, however, the said application was also rejected vide order dtd. 2/11/2022. Hence, this petition is filed.

(3.) Heard learned advocates for the parties.