HEIRS OF DECD HIRALAL CHUNILALPUJABHAI BAROT-GHANSHYAMBHAI Vs. HEIRS OF DECD PURSHOTTAMBHAI PUJABHAI BAROT

JUDGEMENT

(1.) Rule. Mr. Dilip L. Kanojiya, Mr. Vijay M. Shukla and Mr. Nitin M. Amin, learned advocates waive service of notice of Rule for and on behalf of the different Respondents.

(2.) Heard Mr. Hriday Buch, learned advocate for the Petitioners as well as Mr. Dilip L. Kanojiya, Mr. Vijay M. Shukla and Mr. Nitin M. Amin, learned advocates for the different Respondents. Perused the record.

(3.) Petitioners are original Plaintiffs, whereas, Respondents are original Defendants in Regular Civil Suit No.231 of 2011 pending before the Civil Judge at Kalol. In such suit, Plaintiffs have prayed for declaration regarding their rights over the suit properties claiming it as ancestral properties with directive order to restrain the Respondents/Defendants from disposing such suit properties in any manner whatsoever. Thereby, Plaintiffs have not prayed for possession of the suit properties. At present, we are concerned with the impugned order dated 7.2.2013 below Exh.55, an application filed by the Plaintiffs before the Civil Court under Order VI ­ Rule 17 of the Code of Civil Procedure for amendment of the plaint as well as an application for interim injunction.