JAYANTIBHAI SAMALBHAI PATEL Vs. BHUPENDRABHAI SHANTILAL SHAH

JUDGEMENT

(1.) THE appellants original defendant Nos. 4 to 7 have filed this Appeal from order under Order 43 Rule 1 (r) of the Code of Civil Procedure challenging the order dated 08.10.2007 passed by the learned 6th Additional Senior Civil Judge, Vadodara below an application Exh. 5 in Special Civil Suit No. 101 of 2007 whereby application Exh. 5 was allowed to the extent that the original defendants which, inter alia, includes the present appellants were directed to maintain status -quo position of the suit disputed property.

(2.) HEARD Mr. N. K. Pahwa, learned advocate appearing for the appellants and Mr. N. D. Nanavaty, learned Senior Counsel appearing with Mr. Manoj Joshi for respondent No. 1 original plaintiff and Mr. Amrish K. Pandya, learned advocate appearing for the respondent No. 2/1.

(3.) IT is the case of the appellants that the appellants are the owners and persons in possession of the subject parcels of land covered by Final Plot No. 865 and 876 and Revenue Survey No. 537 of T.P. Scheme No.3 admeasuring about 7903 Sq. Mts. Situated at village Danteshwar, Tal. and Dist. Baroda. The appellants purchased the subject land by two registered sale documents executed on 04.07.2001 and 08.05.2001. The revenue entries have been mutated in the record of rights bearing No. 3980 and 4041 respectively in respect of the above mentioned two transactions. The names of the appellants were also recorded in abstracts of 7/12 as persons in possession of the subject land. The appellants are also paying land revenue and have produced receipts evidencing payment of land revenue vide Exh. 15/4 and 15/5.