SHANTIBHAI MOTIBHAI PATEL Vs. ARVIND RAMPRASAD BAROT

JUDGEMENT

(1.) Since both these Appeals are directed against the order dated 24.09.2002 passed by learned Civil Judge, Senior Division, Ahmedabad Rural below Exh. 5 in Special Civil Suit No. 130 of 2002, both these appeals are disposed of by this common judgment.

(2.) By the impugned order, the learned Trial Judge has partly allowed the interim injunction application submitted by the original plaintiff's of the suit and the defendants are temporarily restrained from selling, mortgaging, assigning, gifting, transferring, letting the properties bearing Revenue Survey No. 258/1, 341/3, 351, 198, 213/1 and 34. The defendants are also restrained from creating any third party interest over the aforesaid properties and from making any construction thereon and from handing over possession of the same to any other person in any manner whatsoever. However, as regards the other properties i.e. lands bearing Survey No. 218/ 1, 450, 37, 196 and 298, which is subject matter of the suit, prayer for interim injunction is not granted.

(3.) Being aggrieved by the aforesaid order of the Trial Court granting injunction in connection with the aforesaid properties, original defendants have filed A.O. No. 146 of 2003 as according to the original defendants, the learned Trial Judge should not have granted the injunction at all in connection with any of the properties.