PARASIYA HANSRAJ BHANJI Vs. PARASIYA VRAJLAL BHANJI

JUDGEMENT

(1.) By way of this appeal, the appellant - original defendant No.1 challenges the order dtd. 08/01/2024 passed below Exh.33 in Regular Civil Suit No.82 of 2020 by the learned Principal Senior Civil Judge, Nakhatrana whereby the learned Judge of the trial Court has allowed the application filed by the plaintiff below Exhibit-33 seeking striking out of the pleadings of the counter claim for want of territorial jurisdiction, as well as, simultaneously disposed of the application Exhibit-24 filed by the defendant seeking interim injunction in respect of the properties claimed in the counter claim and allowed the application filed by the plaintiff below Exhibit-52 under O.7 R.11(d) of the CPC seeking rejection of the counter claim and the injunction filed by the appellant.

(2.) The facts of the case in brief are that appellant and the respondents are the common heirs and sons of late Shri Bhanji Ramji Parasiya; where as the respondents No.2.1 to 2.3 are the legal heirs of late Shri Vasantbhai Bhanji who are also the brother and son of late Shri Bhanji Ramji Parasiya. Respondent No.3 is the daughter of late Shri Bhanji Ramji and sister of the appellant as respondent No.1 and 2.

(3.) Heard learned Advocate Mr.D K Puj appearing for the appellant and learned Advocate Mr.Aditya Patel, appearing for the respondents.