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2021 Supreme(Guj) 136

N.V.ANJARIA
Narendra Jagannath Varma – Appellant
Versus
Nalin (Yogesh) Jagannath Varma – Respondent


Advocates Appeared:
For the Appellant :Mr. Anshin Desai, Sr. Advocate with Mr. Jay M. Thakkar.
For the Respondent:Mr. Digant Kakkad with Mr. Kishan Y. Dave, Mr. D.C. Dave, Sr. Advocate with Mr. Mrugen K. Purohit, Mr. I.H. Syed, Sr. Advocate with Mr. Chirag B. Upadhyay.

ORDER :

Heard learned senior advocate Mr. Anshin Desai assisted by learned advocate Mr. Jay Thakkar for the appellants, learned senior advocate Mr. I.H. Syed with learned advocate Mr. Chirag Upadhyay for respondent Nos.1 and 2, learned senior advocate Mr. Dhaval Dave with learned advocate Mr. Mrugen Purohit for respondent No.3, and learned advocate Mr. Digant Kakkad with learned advocate Mr. Kishan Dave for respondent No.4.

2. This Appeal From Order as initially preferred, was against common order dated 19th November, 2019 passed by learned 4th Additional Senior Civil Judge, Anand, whereby application Exh.5 and application Exh.35 filed by the appellants-plaintiffs in their Special Civil Suit No.82 of 2018 came to be dismissed. Application Exh.5 was for interim injunction to restrain the respondents-defendants from transferring, alienating or encumbering the suit properties.

2.1 After filing of application Exh.5 on 25th July, 2018 along with the institution of the suit, the plaintiffs moved another application Exh.35 on 02nd August, 2019, styled to be under Section 151 of the Code of Civil Procedure, 1908 wherein the prayer was made to restrain the defendants from constructing and cha

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