JUDGMENT :

1. The present petition under Articles 226 and 227 of the Constitution of India is filed for the purpose of challenging the legality and validity of an order dated 1.1.2019 passed below Exh.1 in Special Civil Suit No.240 of 2016 by the learned Principal Senior Civil Judge, Ahmedabad (Rural).

2. The background of the facts of present case is that the petitioner – original plaintiff had instituted a Special Civil suit No.240/2016 against the present respondent – defendant for seeking a decree of specific performance as well as declaration and seeking cancellation of sale deed and consequently for permanent injunction. The original defendant after receiving the summons from the trial Court had illegally transferred the suit property to defendant no.4 one Hitesh Indubhai Bharwad and though defendants were served with the summons, nobody had filed their respective Written Statement opposing the suit. On account of such, the trial Court passed an order to decide the ex-parte against respondent no.4 (New purchaser) and at the stage of hearing of interim injunction, surprisingly, in suomotu exercise of jurisdiction though not available, the learned trial Judge came to the conclusi