RAYMALBHAI SIDIBHAI HUMBAL Vs. JUNAGADH JILLA SAHAKARI

JUDGEMENT

(1.) Admit. Mr. Nirav Thakkar, learned advocate appearing for the respondent No.1 and Mr. Mihir Vakhariya, learned advocate appearing for the respondent No.2 waives service of rule on behalf of respective respondents. With the consent of parties, the matter is taken up for final disposal today itself.

(2.) By way of the present Appeal From Order under Order XLIII, Rule 1 (r) of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code'), the appellant ­ original defendant No.2 has challenged order dated 30.7.2015 passed by learned Principal Senior Civil Judge, Junagadh below application Exh.5 in Special Civil Suit No.125 of 2013 by which the learned Trial Court has allowed application Exh.5 preferred by the original plaintiff ­ respondent No.1 herein and the defendants in the suit were restrained from selling, mortgaging and/or transferring in any manner or creating any third party rights or creating lien or handing over possession with regard to the disputed property till the final disposal of the suit.

(3.) The brief facts from the record are as under :-