NAVINBHAI VALJIBHAI KAPURIYA (PATEL) Vs. SHIRISH JAGMOHAN SHAH

JUDGEMENT

(1.) Considering the facts and circumstances and when otherside is appearing through caveat, matter has been taken up for final disposal at such admission stage itself. Hence, RULE. Ld. Advocate Mr. Chirag B Patel waives service of rule for the respondent.

(2.) Heard both the sides at length and perused the record.

(3.) It seems that this is luxury litigation for the petitioner, who is plaintiff before the Civil Court at Baroda in Regular Civil Suit No. 1387/2008 seeking declaration and perpetual injunction against the respondents ­ defendants with respect to plot nos. 639 and 650 contending that the defendants have sold both the plot nos. 639 and 650 after accepting sale consideration and handed over possession to the plaintiff and, therefore, now the plaintiff has become the owner and thereby he wants to restrain and refrain the defendants from creating any obstacle and from snatching away possession of the plots in question, for which it is contended that the defendants have given threats and causing damage to the property and ownership right of the plaintiff attached to such plots in question. The plaintiff has also prayed for ad -interim injunction by filing an application at exh. 5 in the same suit so as to restrain the defendants to the similar extent of causing obstacles to the plaintiff in enjoying and possessing the plots in question and to prevent the defendants from snatching away possession of the plots forcefully and illegally.