DHIRAJLAL ARJANBHAI RABARA Vs. RAJENDRASINH MADHAVSINH SOLANKI

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the impugned order dated 24.07.2019 passed by the learned 6th Additional Senior Civil Judge, Surat (hereinafter be referred to as "the Trial Court") below application at Exhibit 144 in Special Civil Suit No.9 of 2009, the appellants - original plaintiffs have preferred the present Appeal from Order.

(2.) It is contended by the plaintiffs that they have filed Special Civil Suit No.9 of 2009 for specific performance, declaration and permanent injunction in respect of the land bearing revenue survey No.15 paiki, Block No.64, admeasuring 2541 square meter measured 0-98-03 and they have preferred interim application restraining defendants No.11 to 18 from dealing with the suit land. It is contended that earlier, the order of status-quo was passed in respect of the defendants No.1 to 10. It is contended that during the pendency of the suit, the suit land has been sold and transferred twice by defendant No.7 and rest of the defendants and, therefore, the plaintiffs have preferred application below Exhibit 144 for interim injunction. The application has been rejected by the Trial Court. According to the plaintiffs, the order of the Trial Court is not sustainable in the eyes of law and if the interim injunction is not granted in favour of the plaintiffs then the rights of the plaintiffs would be frustrated. According to them, when initially the order of status-quo was granted, the Trial Court ought to have issued the order of status-quo restraining the defendants No.11 to 18 from selling, alienating and transferring the suit land in favour of any other persons.

(3.) Heard Mr.Asim Pandya, learned counsel for Mr. Manan Bhatt, learned counsel for the appellants and Mr.Dhiraj Patel, learned counsel, who has appeared on caveat, for the respondents.