RABARI NAGJIBHAI MANEKLAL Vs. NILAMBEN UPENDRABHAI SHAH

JUDGEMENT

(1.) With the consent of learned Senior Counsel Mr.Shalin Mehta appearing for learned advocate Mr.Jayprakash Umot for the appellant original defendant No.4 and learned Senior Counsel Mr.S.N. Soparkar appearing for learned advocate Mr.M.A. Mehta for respondent Nos.1 and 2 original plaintiffs, present Appeal from Order is taken up for final hearing today.

(2.) Challenge in the present Appeal from Order preferred under Order 43 Rule 1(r) of the Code of Civil Procedure is the order dated 20.07.2016 passed by the learned Principal Senior Civil Judge, Kalol below injunction application Exh.5 in Special Civil Suit No.58 of 2015 whereby, the learned trial Judge directed the appellant defendant No.4 to handover peaceful and vacant possession of Plot No.11 admeasuring 4757 sq.mtr. bearing Revenue Survey/Block No.487 at Mouje: Rancharda, Kalol, District: Gandhinagar to respondent Nos.1 and 2 original plaintiffs.

(3.) Parties to the present appeal would be hereinafter referred to as per their original status in the plaint.