URMILADEVI LAXMANSINH GAEKWAD Vs. VIRENDRASINH JASWANTSINH GAEKWAD

JUDGEMENT

(1.) IN this petition, an order dated 17.4.2008 passed by 6th Additional Senior Civil Judge in Regular Civil Suit No. 156/2005 is brought under challenge. By virtue of the impugned order dated 17.4.2008 the learned Court has, inter alia directed the opponents i.e., the present petitioners from proceeding further with the construction work. Aggrieved by the said direction restraining further construction, the petitioners have preferred present petition. For the sake of convenience, the opponent in the said application Exh. 47 (who also happens to be opponent in the suit) is referred as 'petitioners' in this order and the respondent of this petition is referred as 'applicants' or plaintiffs.

(2.) SO as to appreciate the challenge by the petitioners against the impugned direction, it is necessary to consider the relevant factual background, which is as follows: -

(3.) IN view of the grievance made by the petitioners against the said Exh. 47, it is appropriate to reproduce herein the relief prayed for by the applicant by virtue of the said application. The relief clause reads thus: -