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2021 Supreme(Guj) 137

BHARGAV D.KARIA
Vipulbhai Rasikbhai Patel – Appellant
Versus
Chanchal Hospitality LLP (The Indian Channel) – Respondent


Advocates Appeared:
For the Appellant : Mr. Rutvij S. Oza.
For the Respondent:Mr. Percy Kavina, Sr. Advocate with Mr. D.K. Puj.

JUDGMENT :

1. Heard learned advocate Mr. Bhargav Bhatt assisted by learned advocate Mr. Rutvij Oza for the appellants and learned Senior Advocate Mr. Percy Kavina assisted by learned advocate Mr. D.K. Puj for the respondents through video conference.

2. Admit.

3. Learned advocate Mr. D.K. Puj, waives service of notice of admission for the respondents.

4. By this appeal under Order-43, Rule-1(r) of the Code of Civil Procedure, 1908 (for short ‘the Code’) the appellants - plaintiffs have challenged the judgment and order dated 25.02.2020 passed by the Principal Senior Civil Judge, Ahmedabad (Rural) at Mirzapur below application Exh.5 for interim injunction in Special Civil Suit no.486 of 2019, whereby the application filed by the appellants-original plaintiffs under Order-39, Rules-1 and 2 of the Code was partly allowed.

5. The brief facts of the case are as under :-

5.1 The appellants - plaintiffs filed Special Civil Suit no.486 of 2019 along with application for interim injunction at Exh.5 praying that the defendants – respondents be directed to handover the peaceful possession of the property as mentioned in the schedule of the leave and license agreement dated 8th February, 2018 bei

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