LAWS(GJH)-2017-3-8

RAMESHBHAI GHOGHABHAI BHARWAD Vs. CHETNABEN CHETANKUMAR PATEL

Decided On March 22, 2017
Rameshbhai Ghoghabhai Bharwad Appellant
V/S
Chetnaben Chetankumar Patel Respondents

JUDGEMENT

(1.) ADMIT. Mr.Sandeep Limbani, learned advocate waives service of admission on behalf of the respondent.

(2.) With the consent of the learned advocates appearing on behalf of the respective parties, the appeal is taken up for final hearing today.

(3.) A challenge in this appeal under Order 43, Rule 1(r) of Code of Civil Procedure, 1973 (hereinafter referred to as "the Code"), is against an order dated 24/08/2016 passed by learned 2nd Additional Senior Civil Judge, Dhrangadhra below application Exh.5 preferred by the original plaintiff under Order 39 Rule 1 and 2 of the Code in Special Civil Suit No.17 of 2016, by which, learned Trial Court has allowed the application preferred by the original plaintiff and restrained the original defendants from interfering with the peaceful possession of the original plaintiff towards the suit land bearing Survey No.165/14 admeasuring 13 acres 00 gunthas, situated in the sim of village: Manekvada, Taluka: Harvad, District: Surendranagar.