HEIRS OF DECD MANIBEN D/O NARANBHAI ISHVARBHAI AND WD/O KANTILAL NATHALAL PATEL Vs. HEIRS OF DECD DWARKABHAI NARANBHAI ISHVARBHAI & 3

JUDGEMENT

(1.) The appellants have filed present appeal under Section 100 of the Civil Procedure Code with Civil Application praying to stay the implementation, operation and execution of the order dated 2.9.2014 passed by the learned 5th Additional Senior Civil Judge, Ahmedabad (Rural) below Ex.15 in Regular Civil Suit No.200 of 2014 as well as the order dated 30.4.2016 passed by the learned 8th Additional District Judge, Ahmedabad (Rural), Mirzapur in Regular Civil Appeal No.34 of 2014, pending the admission, hearing and final disposal of the appeal.

(2.) As The Present Proceedings Arise Out Of An application under Order 7 Rule 11(d) of the Civil Procedure Code, 1908, and the question remains to be answered by this Court and thus with the consent of both the parties the matter is taken up for final hearing. Hence rule.

(3.) The appellants herein are the original appellants plaintiffs and the respondents herein are the original respondents defendants in the appeal, wherein the appellants have challenged the order dated 2.9.2014 passed by the learned 5th Additional Senior Civil Judge, Ahmedabad (Rural) below Ex.15 in Regular Civil Suit No.34 of 2014. The learned Trial Court vide order dated 2.9.2014 has been pleased to allow Ex.15 filed by the respondents No.1.2, 1.2.1, 1.2.2, 1.2.3 and 1.6.1 to 1.6.4 invoking provisions of Order 7 Rule 11 of the Civil Procedure Code, 1908. The learned Appellate Court vide order dated 30.4.2016 has been pleased to confirm the order passed by the learned Trial Court.