TARABEN Vs. SHANTABEN

JUDGEMENT

(1.) -This appeal by the original plaintiffs is directed against the judgment and order dated July 1. 1996 passed by the Civil Judge (S.D.) at Godhra below Exhs. 5 and 33 in Special Civil Suit No. 108 of 1996. In this judgment, appellants and respondents are referred to as plaintiffs and defendants respectively.

(2.) The plaintiffs filed the present suit in August, 1996 praying for a declaration that the sale deed executed by defendant Nos.1 and 2 in favour of defendant No. 3 and 4 on August 5, 1996 is illegal null and void and also for a permanent injunction that the defendants be restrained from interfering with the plaintiffs' possession and enjoyment of the land admeasuring 1532.14 square metres out of the land bearing Final Plot No. 109 (Revenue Survey No. 59) at Dahod, Panchmahal District. During the pendency of the suit, the plaintiffs also submitted an application at Exh. 5 praying for an interim injunction that pending the suit the defendants be restrained from interfering with the plaintiffs' possession and enjoyment of the suit land being plot Nos. 1 to 5 admeasuring 1532.14 square metres in aggregate situates on the western side of Final Plot No. 109 (Revenue Survey No. 59) of Dahod.

(3.) In response to the notice issued by the trial Court, defendant Nos. 3 and 4 submitted their reply contesting the interim injunction application and also filed an application at Exh. 33 contending that defendant NQS. 3 and 4 had purchased the land admeasuring 3883.73 square metres which was the remaining portion of the land bearing Final Plot No. 109 and praying that the plaintiffs were required to be restrained from interfering with possession and enjoyment by defendant Nos. 3 and 4 of their land admeasuring 3883.73 square metres.