ZAHIDBHAI AHMEDBHAI AJMERI Vs. KARSANBHAI BABABHAI MAKWANA

JUDGEMENT

(1.) THE appellant - ori. plaintiff has filed this Appeal From Order under Order-43 Rule-1 of Civil Procedure Code, challenging the order passed by the learned City Civil Judge, Ahmedabad on 15. 9. 2005 below Notice of Motion Ex. 6 in Civil Suit No. 1478 of 2005, whereby the learned City Civil Judge has dismissed the notice of motion and has not granted interim injunction as prayed for.

(2.) THIS Court has admitted the Appeal From Order on 6. 12. 2006 and fixed it for final hearing on 1. 3. 2007. Despite service of notice of admission of Appeal nobody appears on behalf of the opponent. Even in the suit, nobody appears on behalf of the present opponent - ori. Defendant. 2. Heard Mr. D. J. Bhatt, learned advocate appearing for the appellant. It is the case of the appellant that the appellant has purchased the suit property for an amount of Rs. 2,25,000/- by Sale Deed dated 24. 4. 2001 from the opponent ori. defendant. The appellant is in possession of the suit property from the date of execution of the Sale Deed. The said Sale Deed is, however, not registered. In the year 2004 the appellant has apprehended that the opponent might disturb his possession and carry out unauthorised construction on the suit property and hence he filed the suit being Civil Suit No. 1478 of 2005 before the City Civil Court, Ahmedabad. The appellant has also taken out a notice of motion praying for interim injunction restraining the opponent from disturbing the possession of the appellant.

(3.) THE learned City Civil Judge has, however, dismissed the said notice of motion only on the ground that the document was not registered document and since the appellant was not able to establish his ownership right over the suit property, the injunction was not granted. The learned City Civil Judge has further observed that the appellant's suit itself was not maintainable as title could not be established and hence there was no question of granting the injunction.