PRAKASHBHAI THAKOREBHAI PATEL Vs. UKABHAI NARANBHAI PATEL

JUDGEMENT

(1.) BY way of present appeal under Order 43, Rule 1 of the Civil Procedure Code, 1908, the appellants original plaintiffs No.1 and 2 have challenged an order dated 09.01.2015 passed by the learned 11th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Surat below application Exhibit 58 in Special Civil Suit No.240 of 2013 whereby the learned Civil Judge has refused to entertain the said application, by which the appellants (hereinafter be referred to as "the plaintiffs No.1 and 2") have requested the trial Court to restrain the respondents No.7 to 13 (hereinafter be referred to as the defendants No.7 to 13) from transferring or alienating the property bearing Survey No.124, Block No.150 admeasuring about Hector 0 59 69 situated at Village : Althan, District Sub District : Surat (hereinafter be referred to as "the disputed property") during the pendency of Special Civil Suit No.240 of 2013, originally preferred by the plaintiffs against the respondents No.1 to 6.

(2.) THE brief facts of the present case arise from the record are as under: -

(3.) AS per order of this Court, the trial Court proceeded with hearing of application Exhibit 5 and 34 and after hearing the defendants including defendant Nos.7 to 13 dismissed the said applications on 08.05.2014.