GORDHANBHAI ZAVERBHAI MORDIYA Vs. HEMANSHU SURESHBHAI PATEL

JUDGEMENT

(1.) THE appellants herein are the original defendants No.8, 9, 10 and 12 against whom and other defendants, respondent herein has filed a suit being Special Civil Suit No.101/2004 for declaration and injunction. By filing aforesaid suit, it is prayed that it may be declared that defendants No.1 to 7 were not owners of the suit property and the sale deed, which they have executed in favour of defendants no.8 to 12 is null and void and the defendants may be restrained from disturbing the possession of the plaintiffs on the basis of such sale deed. Permanent injunction is also sought for to the effect that the defendants may be restrained from transferring or alienating the suit property.

(2.) DURING the pendency of the suit, the plaintiff submitted an application at Exh.5 for interim injunction. Contesting defendants of the suit, i.e., the present appellants, have denied the averments made int eh plaint as well as in interim injunction application at Exh.5.

(3.) LEARNED trial Judge by impugned order allowed interim injunction application and granted interim injunction in terms of paragraph 8 (1) of the application during the pendency of the suit. It is the aforesaid order, which is impugned in this Appeal from Order at the instance of defendants no.8, 9, 10 and 12.