PATEL KANUBHAI AMBALAL Vs. PATEL MANUGBEN MANILAL

JUDGEMENT

(1.) RULE. Mr. M. P. Prajapati, learned Advocate waives service of rule on behalf of the respondent ?" original defendant who is on caveat.

(2.) PRESENT petition under Article 227 of the Constitution of India is filed by the petitioner ?" original plaintiffs for an appropriate Writ, direction and order quashing and setting aside order dated 14. 02. 2008 passed by the learned Additional District Judge and Presiding Officer, 5th Fast Track Court, Mehsana passed in Regular Civil Appeal No. 49 of 2007 as well as the order dated 07. 03. 2007 passed by the learned Additional Civil Judge, Visnagar below Exh. 5 in Regular Civil Suit No. 4 of 2005. Mr. M. K. Patel, learned Advocate appearing on behalf of the petitioners - original plaintiffs has submitted that assuming without admitting that defendant can be said to be co-owner and in that case also the defendant is required to be restrained from transferring, alienating the property in question.

(3.) MR. PRAJAPATI, learned Advocate appearing on behalf of the respondent ?" original defendant has stated at the Bar that during pendency and final disposal of the aforesaid suit, the respondent ?" original defendant does not propose to transfer and/or alienate the property in question and he makes the statement that during the pendency of the aforesaid suit, respondent- original defendant shall not also transfer, alienate her share in the property in question. However, he has submitted that the respondent ?" defendant has filed another suit being Special Suit No. 39 of 2006 pending in the Court of learned Principal Senior Civil Judge, Mehsana for partition and as the respondent is senior citizen, appropriate direction be issued to the learned Trial Court to decide and dispose of the said suit along with present suit being Regular Civil Suit No. 4 of 2005 to avoid any conflicting orders.