MOHANBHAI DAHYABHAI Vs. DIRASBHAI HASUBHAI MALEK

JUDGEMENT

(1.) The present C.R.A. is filed by the original defendant Nos. 6 to 22 on being dissatisfied by the judgment and order dated 2-4-1994 passed by the 4th Jt. Civil Judge (J.D.), Surat below Exh. 1 which was restoration Application against the order passed by the Jt. Civil Judge (S.D.), on 2-4-1994 allowing restoration Application No. 75 of 1993. No. 75 of 1993 which was filed under Order 9 Rule 4 of C. P. Code for setting aside the abatement of Spl. C. S. No. 270 of 1995 and for restoring the said suit on file and to decide the same thereafter in accordance with law.

(2.) It appears that one Abbashbhai Hasubhai Malek, the respondent No. 1 in the present C.R.A. is the original plaintiff who filed the suit against opponent Nos. 2 to 5 and the present petitioners and one Bai Kani, W/o. Dahyabhai Bavjibhai and Shantilal Dahyabhai for specific performance of agreement, dated 26-5-1964 for the sale of land situated at Surat bearing Revenue S. No. 116 of village Majura admeasuring 3 acres 7 gunthas and which was reconstituted in Final Plot Nos. 10A and 10B admeasuring respectively 6,789 and 1,831 Sq. Mtrs. totaling to 8,620 Sq. Mtrs. The plaintiff also applied for interim injunction by application Exh. 5 for restraining the defendant Nos. 1 to 22 from transferring the land or its possession and from making any construction thereon. The trial Court initially granted ex-parte ad-interim injunction operative upto 28th October, 1991. Said ex parte injunction was extended, from time to time, but the trial Court by its judgment and order dated 24-2-1994 dismissed the application for temporary injunction and vacated the ex parte ad-interim injunction.

(3.) Opponents challenged the said decision by filing A.O. 195 of 1992 in this Court which came to be dismissed by this Court (Coram : S. D. Shah, J.) on 17th June, 1992 by issuing certain directions to the trial Court to dispose of the suit after recording evidence as early as possible and preferably by 31st July, 1993.