IBRAHIM ISMAIL ACHHA Vs. NATWARBHAI JIVANBHAI PATEL

JUDGEMENT

(1.) RULE. Mr. Arpit A. Kapadia, learned advocate, for Ms. Shaili A. Kapadia, waives service of notice of Rule on behalf of the respondent. In the facts and circumstances of the case and with the consent of the learned Counsel for the parties, the matter is finally heard and decided today.

(2.) THIS petition has been filed under Arts. 226 and 227 of the Constitution of India with a prayer to quash and set aside order dated 22-6-2009 passed by the District Court, Surat, whereby cross-objections filed by the respondent (original defendant) vide Exh. 13, have been allowed.

(3.) BRIEFLY stated, the facts of the case, emerging from a perusal of the material on record are, that the petitioners, who are the original plaintiffs, preferred Regular Civil Suit No. 17 of 2008 before the Principal Civil Judge, junior Division, Olpad, seeking injunction against the respondent-original defendant. Along with the suit, an application for grant of temporary injunction, vide Exh. 5, was also filed. In the said suit, the respondent filed his written statement and counter-application for injunction, vide Exh. 20. After hearing the parties, the trial Court passed order dated 21-7-2008 on applications at Exhs. 5 and 20, rejecting the application at Exh. 5 of the petitioner, and partly allowing the application at Exh. 20, of the respondent. Being aggrieved by the aforesaid order, the petitioner preferred Misc. Civil Appeal No. 85 of 2008 before the district Court. The respondent filed cross-objections in the said appeal, vide exh. 13. The petitioners moved a purshis at Exh. 15, for withdrawal of the appeal preferred by them. By the impugned order dated 22-6-2009, the appeal preferred by the petitioners was permitted to be withdrawn and the cross-objections filed by the respondent at Exh. 13, came to be allowed. It was further ordered, that till the final decision of the suit, the petitioners are restrained from entering into the suit land.