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2004 Supreme(Guj) 63

C.K.BUCH
Dilipsinh Pravinsinh – Appellant
Versus
Suvidha Builders Thro – Respondent


Advocates Appeared: J.C.VYAS, M.C.BHATT, SAURABH G.AMIN

C. K. BUCH, J.

( 1 ) THIS is an application under Sec. 5 of Indian Limitation Act praying for condonation of delay caused in preferring an appeal against the order passed below application exh. 5 passed by Id. Civil- Judge (S. D.), Ahmedabad (Rural) dated 17. 10. 2001. The operative part-of the order which the applicants intend to challenge is of prohibitory nature passed on merits and that too in absence of any objections to the application exh. 5 preferred under 0. 39 R. I and 2 of Civil Procedure Code (CPC for short ). I would like to quote the operative part of the order for convenience :" This injunction application tiled by the plffs vide exh. 5 Is now hereby stands as alloyed hereon. The defts are now hereby restrained to the effect that they should not cause any hinderance, obstacle, disturbance, interference, over the plffs. legal possession pertaining to the suit land, and they should not usurp the suit land from the plffs illegally and forcibly too, and they should not transfer, sell, mortgage, the suit to any other persons, in any manners till the final disposal of this suit with recourses to law, ireither personally or even through any of the agencies made available to










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