JUDGMENT :

K.A. Puj, J.

The appellants ori. plaintiffs have filed this Appeal From Order under Section-104 read with Order-43 Rule-1(r) of Civil Procedure Code challenging the judgment and order dated 20.10.2008 rendered by the 8th Additional Senior Civil Judge, Rajkot below an application Ex. 5 in Special Civil Suit No. 117 of 2007, whereby the injunction application was rejected.

2. The Civil Application No.1033 of 2009 is filed for production of additional evidence and Civil Application No. 1034 of 2009 is filed for stay against the operation, implementation and execution of the judgment and order dated 20.10.2008 rendered by the learned trial Judge below an application Ex.5 in Special Civil Suit No. 117 of 2007 during the pendency and final disposal of this Appeal From Order.

3. This Court has admitted the Appeal From Order on 16.2.2009 and detailed order was passed on the same day directing the party to maintain status-quo as on that day and it was made clear that the order of status-quo shall not be interpreted by the appellants-ori. Plaintiffs that they were in possession of any parcel of land or anybody shall interfere with the present condition of land and from that date onward there shall be no further alienation of the title of the land in question.

4. This interim order was challenged by the present respondent Nos. 10 to 19 before the Apex Court by way of petition for Special Leave to Appeal (C) No.6468-6469 of 2009 and while dismissing the said SLP on 27.3.2009 the Apex Court requested this Court to dispose of the Appeal within a period of four months from that date.

5. In the above background of the matter, this Appeal From Order and two Civil Applications are taken up for final hearing.

6. The brief facts of the case giving rise to the present Appeal From Order are that, a partnership firm in the name of M/s. Shri Narendrakumar Maganlal Shah was entered into between 11 persons, including present respondent Nos. 1 to 9 as well as appellants ori. plaintiffs on 1.2.1966. The said partnership firm purchased the land bearing Survey No. 48/1 admeasuring about 5 Acres and 00 gunthas situated at Village : Mahudi, Taluka and District : Rajkot. Since the land was an agricultural land and except the respondent No.1, no other partners were agriculturist, the land was purchased in the name of respondent No. 1. The said land was, however, purchased out of the contribution made by all but one partners, who have contributed towards the capital. The respondent No. 1 had not contributed anything towards capital. Each partner was having his respective share. The share of the respondent No. 1 was only ? (half) Anna. The share of the appellants was 2 (two) Annas each in the partnership firm.

7. On 2.2.1966, sale deed of the land in question was got registered with the registering authorities and the suit land was considered to be the ownership of the partnership firm in view of the recitals contained in the partnership deed executed between the parties. The firm had applied for N.A. Permission and the District Development Officer, Rajkot in exercise of powers under the Bombay Land Revenue Code, vide his order dated 10.3.1969 granted Non- Agricultural permission subject to the condition mentioned therein. The District Development Officer, Rajkot also approved lat-out plan of total 31 plots of different sizes. The total area of the said 31 plots was about 61,265 sq.mtrs. and land reserved for common plot was 1389.30 sq.mtrs. The land which was utilised for the purpose of internal road was 6552.60 sq.mtrs.

8. In view of the fact that the land having been converted into non- agriculture land and rigors of Section-54 of the Saurashtra Gharkhed Tenancy Settlement and Agricultural Land Ordinance Act, 1949 no longer being attracted, registered partition deed was executed on 17.11.1970 between the parties as regards the partnership property and the land in question and the respective plots as per the sanctioned layout plan were divided and partitione