BHARATBHAI JIVRAJBHAI Vs. CHAGANBHAI SAMABHAI

JUDGEMENT

(1.) ADMIT. Shri K. V, Shelat, learned advocate waives service of notice of admission on behalf of the respondents No. 1 to 5 who are main contesting party. With the consent of the learned advocates appearing on behalf of the respective parties, the Appeal from Order is taken up for final hearing today.

(2.) PRESENT Appeal from Order has been preferred by the appellant herein original plaintiff to quash and set aside the impugned order dated 31. 12. 2008 passed by the learned 3rd Joint Additional Senior Civil Judge, Ahmedabd (Rural) passed below Exh. 5 in Special Civil Suit No. 492 of 2007, by which the learned trial Court has rejected the interim injunction submitted by the appellant herein original plaintiff restraining the respondents herein original defendants from transferring/ alienating the suit property in question in any manner whatsoever till the final disposal of the suit.

(3.) AFTER making submission, learned advocates appearing on behalf of the respective parties, more particularly, Shri KV Shelat, learned advocate for the contesting respondent Nos. 1 to 5 herein original defendants do not invite any reasoned order in support of allowing the present Appeal from Order and directing to the parties to maintain status quo i. e. restraining the original defendants from transferring/ alienating the suit property in question in any manner whatsoever till the final disposal of the suit. Shri KV Shelat, learned advocate for the contesting respondents herein original defendants has submitted that as such there is already injunction against the appellant herein original plaintiff in the suit filed by them restraining the appellant from disturbing the possession of the respondent. Shri BM Mangukiya, learned advocate for the appellant has submitted that as such Civil Miscellaneous Appeal Nos. 3 of 2007 and 4 of 2007 are filed against the injunction granted against appellant and in favour of the defendants which are pending before the learned District Court, Ahmedabad (Rural ). Be that it may, in the facts and circumstances of the case, more particularly, when the execution of the agreement to sell is not disputed by the defendants herein- original land owners and when they themselves have filed the suit for cancellation of agreement to sell on the ground set out in the said plaint, it will be in the fitness of things that respondents herein- original defendants are also restrained from transferring/ alienating the suit property in question till final disposal of the suit, otherwise the third party rights will be created and by not granting such an injunction it might tantamount to allowing the suit filed by the defendants No, 2 and owners. In view of the statement of the learned advocates appearing on behalf of the respective parties recorded hereinabove, this Court is not passing any further reasoned order.