JUDGMENT :

A.J. SHASTRI, J.

1. The present Appeal from Order under Order XLIII Rule 1 read with section 104 of the Code of Civil Procedure is filed against the order dated 13.11.2018 passed by the learned Chamber Judge, City Civil Court, Ahmedabad rejecting the notice of motion for interim injunction during the pendency of Civil Suit (CCC) No. 1119 of 2018.

2. The background facts which has led the filing of the present Appeal from Order before this Court is that a suit property is situated in T.P. Scheme No. 3/5 in Final Plot No. 709, Paiki sub Plot No. 21 (21/A and 21/B) in Shanti Sadan Cooperative Housing Society Limited, admeasuring 1106 square meters, out of which, undivided half portion of said property is the subject matter of the suit property. The said property was demolished and new construction has been commenced. It has been asserted by the appellant - original plaintiff that this property bearing Plot No. 21 of aforesaid society was originally held by grandfather of respondent Nos. 1 and 2 herein, and after his death, son's name mutated in record of society and the said property was treated as Paranjayray Vaikunthray Mehd, HUF property. This property after death, as state