SHASIKANT POPATLAL DASANI Vs. MALDEBHAI KANABHAI KALAVADARA

JUDGEMENT

(1.) THE present Appeal from Order under Order 43 Rule 1 of the Code of Civil Procedure has been preferred by the appellant-original plaintiff challenging the impugned order dated 18/12/2008 passed by the learned Principal Senior Civil Judge, Porbandar below Exh. 5 in Special Civil Suit No. 46/2008 by which the learned trial Court has dismissed the application submitted by the appellant-original plaintiff for interim injunction restraining the respondents-original defendants from transferring and/or alienating the suit property in any manner whatsoever during the pendency of the suit.

(2.) TODAY, when the matter is taken up for hearing Shri Prachchhak, learned advocate appearing on behalf of the respondents-original defendants has stated at the bar that if the ad-interim order passed by this Court dated 22/01/2009, by which the parties were directed to maintain status-quo, is continued till the final disposal of the suit, he has no objection and he does not invite any further reasoned order. However, he has submitted that the aforesaid shall be without prejudice to the rights and contention of the original defendants in the suit.

(3.) IN view of the above statement, the impugned order passed by the learned trial Court dated 18/12/2008 below Exh. 5 in Special Civil Suit No. 46/2008 is hereby modified to the extent that the respective parties/original defendants are directed to maintain status-quo and the respondents-original defendants are hereby restrained from transferring and/or alienating and/or selling the property in question till final disposal of the suit. The present Appeal from Order is allowed to the aforesaid extent. In view of the order passed in the Appeal from Order, no order in the Civil Application.