ZALA BALUSINH BECHARSINH Vs. PATEL NAVINCHANDRA POPATLAL

JUDGEMENT

(1.) By way of the present Appeal from Order under Order 43 Rule 1 (r) of the Code of Civil Procedure, 1908 (hereinafter referred to as "Code"), the original defendants no. 40 to 44 appellants herein have challenged the order dated 21.11.2014 passed by the learned 2nd Additional Senior Civil Judge, Himmatnagar in Special Civil Suit No. 14 of 2013 below Exh. 5 by which the learned Trial Court has directed to hear application Exh. 5 along with the Suit. The appellants have also challenged the order dated 21.11.2014 passed below Exh. 24 in Special Civil Suit No. 14 of 2013 by which, in view of endorsement made by the learned advocate for the parties status quo in respect of the disputed property was ordered to be maintain by the defendants till final disposal of the suit.

(2.) The Coordinate Bench (Hon'ble Mr. Justice S.H.Vora) has admitted the Appeal from Order and rule was issued in the Civil Application. Though rule is served to respondent no. 1, who is the sole plaintiff in the suit, he has chosen not to appear before this Court.

(3.) Considering the short question involved in the matter, the same has been taken up for final hearing today itself.