PUSHPABEN VELJIBHAI SHETA Vs. BABUBHAI JELABHAI AHIR

JUDGEMENT

(1.) The appeal is filed under Order XLIII of the Civil Procedure Code, 1908 ("the Code") against the order dated 12.02.2007 passed by learned 3rd Additional Senior Civil Judge, Surat Division below application Exh.5 in Special Civil Suit No.166 of 2005. The appellants are the original defendants No.1 to 7 and the respondent Nos.1 to 7 are the original plaintiffs in above suit. They shall be referred as per their original status in the suit.

(2.) In the suit, the plaintiffs have prayed for declaration that the plaintiffs are owners of land bearing survey Nos.199/2, 197, 202/1, which are given new block No.165 ("to be referred as the suit lands); that the sale deed dated 14.07.1997 executed in favour of the defendant Nos.3 and 4 is illegal, without consideration and void and not binding to the plaintiffs and such sale deed be set aside; that the sale deed executed for suit land on 15.09.2004 in favour of defendant Nos.1 and 2 is false, without consideration, illegal and void and not binding to the plaintiffs and such sale deed be set aside. The plaintiffs have also prayed for permanent injunction restraining the defendants from taking away the possession of the suit lands and from obstructing or interfering with the possession of the suit land of the plaintiffs and from transferring or alienating the suit lands.

(3.) In above suit, the plaintiffs filed application Exh.5 which came to be allowed by impugned order and the defendants are restrained from interfering with and taking away the possession of the plaintiffs of the suit land and from transferring the suit lands in any manner till the suit is decided.