A.J. Desai, J.

1. By way of present appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code'), the appellant-original defendant No. 1 has challenged the judgment and order dated 14.07.2011 passed below Exh. 5 in Special Civil Suit No. 276 of 2009 by the learned 4th Additional Senior Civil Judge, Surat, by which, the learned Civil Judge has partly allowed the application (Exh. 5) filed under Order 39 Rule 1 of the Code by respondents No. 1 to 7 (original plaintiffs) directing all the parties to maintain 'status quo' with regard to disputed property/land till the final disposal of the suit.

2. The appeal came to be admitted by the co-ordinate bench of this Court vide dated 16.08.2011, however, no order, in favour of the present appellant, staying the operation of the impugned order is passed in the matter.

3. The brief facts arose from the record are as under:

3.1. That one Hansjibhai Kalabhai was owner and occupier of a land being Survey No. 126 (Old Survey No. 233) at Village Vesu of District Surat. Subsequent to death of said Hansjibhai Kalabhai, his three sons namely Chhimkabhai, Lallubhai and Mangubhai became the joint owner