ORDER :

1. This appeal from order is filed under Order 43 Rule 1(r) of the Civil Procedure Code, 1908 at the instance of the appellants (original plaintiffs) being aggrieved and dissatisfied by the order dated 3.5.2018 passed by the 4th Additional Senior Civil Judge, Rajkot below application Ex.5 in the Special Civil Suit No.42 of 2016, whereby the said application for temporary injunction came to be rejected.

2. The facts giving rise to this appeal from order may be summarized as under :-

2.1 The appellants – original plaintiffs instituted a suit being Special Civil Suit No.42 of 2016 in the Court of Principal Senior Civil Judge (S. D.) Rajkot against the defendants No.1 to 12 inter alia praying for a decree in favour of the appellants to the extent that the appellant No.1 (wife of the deceased) holds 33.33% and the appellant No.2 (daughter of the deceased) holds 9.52% share in the suit land situated in Survey No.180 Paiki 2 admeasuring 2-02-34 Hec. Are Sq.Mtrs. The appellants have prayed for cancellation of the registered sale deed dated 10.3.2014 being Entry No.1326 and sale deed dated 7.8.2014 being Entry No.1904. It is further prayed for a injunction restraining the defendants from alienating the suit property in any manner.

2.2 It is the case of the appellant – original plaintiffs that they are the co-owners of the suit property being Part-2 of Revenue Survey No.180 of Motamahuva of Rajkot (hereinafter referred to as ‘the suit property’ for short). The suit property was originally in the name of the deceased Jethabhai Gorabhai Makwana. The appellant No.1 is the second wife of deceased Jethabhai. It is stated that the first wife of Jethabhai Gorabhai Makwana passed away and the Jethabhai Gorabhai Makwana then got married to appellant No.1. It is also stated that in view of accidental death of Jethabhai in the year 2009 the appellant No.1 and the defendants received amount and the appellant No.1 received the amount as widow of deceased Jethabhai.

2.3 It is further stated that the defendants No.1 to 4 in connivance with each other sold the suit property to the defendants No.5 to 12 by way of registered sale deed dated 10.3.2014 vide Serial No.1326. The appellants – original plaintiffs are claiming to be legal heirs and co-owners of the suit property. The title of the said property therefore could not be passed to the other defendants as the plaintiffs never consented to the sale deed of the suit property and hence it is prayed in the suit proceedings that the sale deed dated 10.3.2014 and 7.8.2014 be cancelled and mandatory injunction restraining the defendants from alienating the suit property in any manner is sought for. The appellants preferred application below Ex.5 which came to be dismissed by the Court below by order dated 3.5.2018.

3. Heard Mr. Sandeep R. Limbani, the learned counsel appearing for the appellants and Mr. Pratik Y. Jasani, the learned counsel appearing for the respondent No.9.

4. Mr. Sandeep R. Limbani, the learned counsel appearing for the appellants submitted that the appellant No.1 is a second wife/widow of deceased Jethabhai Gorabhai Makwana and appellant No.2 is the daughter of the deceased Jethabhai through the wedlock of appellant No.1 with Jethabhai. Both the appellants being legal heirs of deceased Jethabhai are entitled to share in the suit property i.e. appellant No.1 33.33% and the appellant No.2 9.52% in the capacity as legal heirs of the deceased Jethabhai. It was submitted that due to accidental death of Jethabhai the appellant No.1 have received amount of claim as widow of Jethabhai.

4.1 Mr. Limbani produced paper-book and relied on the documents produced alongwith the paper-book. He relied on the pe-degree of Jethabhai Gorabhai Makwana., application filed before the Dy. Collector dated 5.2.2011, Aadhar-card, election card issued by the Election Commission of India, ration card and various other documents substantiating the stand that the appellant No.1 is second wife/widow of Jethabhai.

4.2