NATRAJBHAI MOHANBHAI ARLI Vs. RAJESH CHANDMALJI MEHTA

JUDGEMENT

(1.) These Appeals arise from the common order passed by the Principal Senior Civil Judge, Gandhinagar dated 25. 07. 2016 below applications Exh. 5 in Special Civil Suit No. 109 of 2006, Regular Civil Suit No. 453 of 2010 and Special Civil Suit No. 309 of 2012. By the impugned order, the Trial Court has allowed Exh. 5 applications filed by the original plaintiff and has ordered that status quo qua the suit properties shall be maintained by the defendants, during the pendency of the suits. Some of the original defendants, by these separate appeals, have challenged the said order.

(2.) Heard learned advocates for the respective parties.

(5.) 1 The original plaintiff had, earlier moved injunction application (Exh. 5) in Special Civil Suit No. 309 of 2012 before the Trail Court. The said application was considered by the 5th Additional Senior Civil Judge, Gandhinagar and was rejected vide order dated 0 0 2014. The Trial Court, at the relevant time had recorded that the plaintiff does not have prima facie case. The said order, rejecting Exh. 5 application was challenged before this Court by the original plaintiff in Appeal from Order No. 235 of 2014. The said Appeal came to be allowed by this Court (Coram: Hon'ble Mr. Justice S. G. Shah) vide order dated 18. 09. 2014, which reads as under.