LUMBARAM SIMATARAMJI BHIL Vs. DESAI PARBATBHAI DAHYABHAI

JUDGEMENT

(1.) The present Appeal from Order is filed under Order 43 Rule 1(r) of the Code of Civil Procedure for the purpose of challenging the legality and validity of order dated 30.3.2018 passed by the learned Principal Senior Civil Judge, Deesa below Exh.5 in Special Civil Suit No.208/2014 whereby an application Exh.5 came to be allowed. As a result of this, present Appeal from Order is filed.

(2.) At the outset, learned advocate Mr.Hriday Buch appearing for the appellant has submitted that first and foremost contention is that the impugned order passed by the learned trial Judge is practically without assigning any cogent reasons. Resultantly, there is no conclusion with regard to the prima facie case, balance of convenience or irreparable loss and this being equitable relief, aforesaid consideration ought to have been considered by the Court below. As a result of this, the order is supported by no reasons at all and the same deserves to be corrected. Alternatively, a request is made to direct the learned trial Judge to reconsider Exh.5 application.

(3.) To oppose the stand taken by the learned advocate for the appellant, Mr.Vijay H. Nangesh, learned advocate for the respondent has submitted that while exercising discretion, the learned Judge appears to have considered the material on record. However, he could not withstand the contention about the non-?assigning of reasons. As a result of this, matter is left it to the discretion of Court.