JAYESHKUMAR CHHAKADDAS SHAH Vs. SUDHAKARBHAI BAKORBHAI PATEL

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 20/09/2008 passed by the learned 8th Additional Senior Civil Judge, Gandhinagar below Exh. 5 in Special Civil Suit No. 22/2007.

(2.) SHRI R. J. Goswami, learned advocate appearing on behalf of the appellant-original plaintiff has submitted that in fact there are different suits filed by the respective parties with respect to the very land in question, being Special Civil Suit Nos. 8/2003 and 293/2005 and both the aforesaid suits are ordered to be consolidated and are directed to be heard together by one Court. It is submitted that in the facts and circumstances of the case, respondents nos. 1 and 2 are required to be injuncted from transferring the disputed land in question/property in question. Shri R. J. Goswami, learned advocate appearing on behalf of the appellant-original plaintiff has submitted that the appellant-original plaintiff would also submit an appropriate application for hearing of Special Civil Suit No. 213/2007 alongwith the aforesaid Special Civil Suits so that they are no conflicting orders by different Courts as the dispute is with respect to the very land/property in question.

(3.) SHRI Maulik Nanavati, learned advocate appearing on behalf of respondents nos. 1 and 2 i. e. heirs of the deceased Chanchalben Bakorebhai Patel, has stated that as such respondent no. 3 is not the power of attorney holder of respondents nos. 1 and 2. He has submitted that he is appearing on behalf of respondents nos. 1 and 2 in their individual capacity. It is also further submitted by Shri Maulik Nanavati, learned advocate appearing on behalf of respondents nos. 1 and 2 that so far as respondents nos. 1 and 2 are concerned, they shall not transfer, alienate, sell the land in question in any manner whatsoever till the final disposal of the suit, however, the same shall be without prejudice to the rights and contentions of the respective parties to the suit.