MADHUKARBHAI TRAMBAKAKLAL Vs. STERLING BOPAL CITY CO OP

JUDGEMENT

(1.) PRESENT Appeal from Order under Order 43 Rule 1 of the Code of Civil Procedure is filed by the appellants original plaintiffs challenging the impugned order passed by the learned trail Court dated 22. 05. 2007 below Exh. 5 in Special Civil Suit No. 337 of 2006 in dismissing the said application Exh. 5 submitted by the plaintiff under Order XXXIX Rule 2 of the Code of Civil Procedure.

(2.) APPELLANTS original plaintiffs had filed Civil Suit No. 337 of 2006 in the Court of learned Principal Senior Civil Judge, Ahmedabad (Rural) under Section 6 of the Specific Relief Act for restoration of the possession of disputed plot / plots situated at Sterling City Township, Bopal, Taluka Daskori, Ahmedabad (R ). In the said suit the plaintiffs submitted application Exh. 5 under Order XXXIX Rule 2 for interim injunction during the pendency of the suit restraining the defendants from putting up any construction on the aforesaid plots in question and restraining the defendants from transferring, alienating in any manner whatsoever block No. 181 and also restraining them from creating any charge over the said land. That the learned 5th Additional Senior Civil Judge, Ahmedabad (R) by impugned order dated 22. 05. 2007 dismissed the said application Exh. 5. Being aggrieved and dissatisfied with the order passed below Exh. 5 in Special Civil Suit No. 337 of 2006 i. e. suit for restoration of the possession of the lands in question under Section 6 of the Specific Relief Act, the appellants have preferred present Appeal from Order and Civil Application for interim relief therein.

(3.) MR. A. J. PATEL, learned Advocate has appeared on behalf of the appellants and Mr. S. N. Shelat, learned Senior Advocate has appeared with Mr. Jigar Patel, learned Advocate for respondent No. 4 and 5. Mr. D. V. Shah, learned Advocate has appeared for respondent No. 1. Mr. B. S. Patel, learned Advocate has appeared for respondent No. 3.