SHASHIKANT NATVARLAL PATEL Vs. ARVINDBHAI BHUPATBHAI GOHIL

JUDGEMENT

(1.) THE appellants plaintiffs have filed this Appeal From Order under Order-43, Rule-1 (r) of Civil Procedure Code against the judgment and order passed by the learned City Civil Judge on 22. 4. 2009 below notice of motion application Ex. 7 in Civil Suit No. 2028 of 2008 whereby the said notice of motion application was rejected.

(2.) THIS Court has issued notice for final disposal making it returnable on 25. 9. 2009. Notice was also issued in Civil Application and parties were directed to maintain status-quo as on that day. The said order of status-quo is continued till this date.

(3.) HEARD Mr. M. C. Bhatt, learned Counsel appearing with Mr. Y. V. Brahmbhatt for the appellants and Mr. Rajeshwar J. Dave, learned advocate appearing for respondents No. 1 and 2. Mr. Dhaval G. Nanavati, learned advocate appears for the respondent No. 3. It is the case of the appellants that they filed Suit for declaration and permanent injunction against the respondent for declaring that the suit land bearing Survey No. 173 situated in Rajpur-Hirpur Sim, Ahmedabad, admeasuring about 4 Acre and 30 Gunthas i. e. 20,933 Sq. Yards of land is belonging to the appellants and they have undivided shares in the suit property. The prayer was, therefore, made to restrain the respondents from disturbing peaceful possession of the land. The appellants have also filed injunction application Ex. 7 for restraining the respondents from disturbing their possession.