MULJIBHAI HIRABHAI Vs. DAHYABHAI DAJIBHAI PATEL

JUDGEMENT

(1.) These two Special Civil Applications are directed by the original defendant No. 1 of Regular Civil Suit No. 18 of 1975 of the Court of the learned Civil Judge Senior Division Navsari against the impugned common order dated March 17 1976 passed by the learned District Judge Valsad in Civil Appeals Nos. 4 and 5 of 1975 of his Court

(2.) The suit was filed by opponent No. 1 Dahyabhai Dajibhai Patel in the Court of the Civil Judge S.D. Navsari for permanent injunction restraining the petitioner and original defendant No. 2 from disturbing his possession of the suit house and lands situated at village Mangrol and village Nimlai. The plaintiff claimed possession of the said properties on the ground that he is the heir of the deceased Jaga Desai who died on or about January 8 1975

(3.) During the pendency of the suit the plaintiff gave an application Ex 5 for temporary injunction and that application after the arguments of both the sides was granted in respect of Nimlai ands and house but the application Ex 5 was rejected in respect of Mangrol lands.