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2021 Supreme(Guj) 292

ASHOKKUMAR C.JOSHI
NATWARLAL RANCHHODDAS PATEL – Appellant
Versus
HARENDRABHAI SOMJIBHAI PATEL – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr Percy Kavina, Sr Advocate With Mr AB Munshi(1238)
For the Respondent: Ms KJ Brahmbhatt(202) Ms Varsha Brahmbhatt(3145) Pooja H Bhardwaj(7844)

JUDGMENT :

1. This appeal from order under O.43 R.1(r) of the Civil Procedure Code, 1908 (CPC) is filed by the appellants assailing a common order dated 28.11.2017, passed by the learned 16th Additional Senior Civil Judge, Surat below exhs. 5 and 22 in Special Civil Suit No. 145 of 2014 by which, interim injunction applications filed by the original plaintiffs came to be allowed and the original defendants were directed to maintain the status quo till the final disposal of the suit qua the land situated at village: Bamroli, Sub-district: Surat City – Majura, District: Surat, bearing revenue survey No. 70/2, block No. 105, T. P. Scheme No. 58 (Bamroli), Final Plot No. 6 admeasuring 5807 sq. mtrs. of old tenure land.

2. The appellants are the original defendant Nos. 17 to 28, whereas, the respondent Nos. 1 and 2 are the original plaintiffs and the respondent Nos. 3 to 18 are the original defendant Nos. 1 to 16. For the sake of convenience, the parties, herein after, would be referred to as per their original status.

3. Facts in nutshell of the case on hand are that the plaintiffs filed a Special Civil Suit No. 145 of 2014 before the learned Principal Senior Civil Judge, Surat against th

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