SOMIBEN ALIAS CHIMIBEN Vs. UKABHAI NARANBHAI PATEL

JUDGEMENT

(1.) THE appellants original plaintiffs have filed this Appeal From Order under Order 43, Rule 1 (r) of Civil Procedure Code challenging the judgment and order dated 06. 08. 2008 passed by the learned 4th Additional Senior Civil Judge, Surat below an application Exh. 5 in Special Civil Suit No. 181of 2008 rejecting the application Exh. 5 and vacating the ex-parte order of status-quo granted earlier.

(2.) CIVIL Application No. 9802 of 2008 is filed by the appellants original plaintiffs praying for stay against the impugned judgment and order. The appellants have also prayed for the direction to the respondent No. 4 not to transfer the property or to part with the same by way of sell, mortgage, gift or transfer or assigning the same in any manner whatsoever to any one and/or not to create any third party rights therein, and that they should not make any development, construction or continue to make development or construction on the property bearing Revenue Survey No. 127/1, Block No. 154 which is purchased by the original defendant No. 4 pursuant to the document of 05. 08. 2005 and that a complete status-quo be maintained by the original defendant No. 4 as also the defendant Nos. 2 and 3 till the pendency and final disposal of the Appeal from Order.

(3.) CIVIL Application No. 13051 of 2008 is filed by the applicant - original respondent No. 4 praying for vacation of interim relief granted by this Court earlier and seeking permission to continue the construction work.