MAULIKBHAI KANTIBHAI DALWADI Vs. RASILABEN NAVINCHANDRA PARIKH

JUDGEMENT

(1.) The present appeal is filed under Sec. 96 of the Code of Civil Procedure challenging the judgment and decree dtd. 29/9/2025 passed by the learned City Civil Court, Ahmedabad in Civil Suit No.2211 of 2011, whereby the suit filed by the present appellant seeking injunction to restrain the respondent from interfering with the appellant's possession and enjoyment of the suit property and from transferring or otherwise dealing with the same in any manner came to be dismissed.

(2.) Factual Matrix:

(3.) Considering the evidence adduced by the parties in support of the issues framed, the learned Trial Court came to the conclusion that the defendants were not parties to the agreement dtd. 12/11/1991, which formed the basis of the suit, and that the persons who had executed the said agreement were not joined as parties to the suit. Further, in absence of any deed of title, the suit for injunction was held to be not maintainable. In that background, the learned Court dismissed the suit and decreed it in favour of the defendants, which is the subject matter of challenge before this Court.