RAJENDRAKUMAR KANTILAL SOMANY Vs. PRAFULCHANDRA GIRDHARLAL KOTAK

JUDGEMENT

(1.) RULE. Shri B. D. Karia, learned advocate waives service of rule on behalf of the respondents.

(2.) WITH the consent of the learned advocates for the respective parties, the present Special Civil Application is taken up for hearing today.

(3.) BY way of this petition under Article 227 of the Constitution of India, the petitioners-original defendants have prayed for an appropriate writ, order or direction quashing and setting aside the order passed by the learned Presiding Officer, Fast Track Court No. 9, Morbi dated 21st July, 2007 in Civil Miscellaneous Appeal No. 20/2004 allowing the same quashing and setting aside the order passed by the learned Civil Judge, (Junior Division), Vakaner below Exh. 5 dated 23rd August, 2004 in Regular Civil Suit No. 148/2004 restraining the petitioners-original defendants from putting up further construction and/or demolishing the property in question and further restraining the petitioners-original defendants from entering into the disputed property.