GANPATBHAI GORDHANBHAI PARMAR Vs. GULABBHAI NANJIBHAI

JUDGEMENT

(1.) IN this petition, the petitioner original plaintiff has challenged the legality of an order dated 4th January, 2006 passed by the Presiding Officer, Fast Track Court No.9, Bharuch in Misc. Civil Appeal NO.2/2005.

(2.) SHORTLY stated facts leading to the petition are as follows :

(3.) IN the impugned order, the District Court was of the opinion that the suit only for declaration would not be maintainable as held by the Apex Court in the case of Ram Saran and another v. Smt. Ganga Devi reported in AIR 1972 Supreme Court 2685. The District Court was of the opinion that the suit itself is not being maintainable, the plaintiff has no prima facie case and that therefore, no interim injunction could have been granted. Only on this short ground, the appeal was allowed and the interim protection granted by the trial Court in favour of the plaintiffs was set aside.