ORDER :

1. The present appeal from order is filed at the instance of the appellants (original plaintiffs) under Order 43 Rule (1)(r) of the Code of Civil Procedure, 1908 being aggrieved and dissatisfied by the order dated 22.7.2019 passed by the City Civil Court, Ahmedabad below Ex.6 & 7 in the Civil Suit No.1533 of 2016.

2. The appellants filed the Civil Suit No.1533 of 2016 seeking the following reliefs :-

“(A) The property flat situated in Twins Apartment, Maninagar is under the ownership and occupancy of deceased Kumudben Subhodbhai Gajjar and the property flat No.5 and 6 situated in Twins Apartment is under the ownership of deceased Subhodbhai Jamnadas Gajjar as mentioned in para-2 of the Plaint. As the deceased have died intestate, we-the Plaintiffs are direct heirs as per Hindu Succession Act and our equal share devolves over the property. Hence, Your Honour is prayed to award decree as per metes and bounds in favour of we-Plaintiffs.

(B) Your Honour may be pleased to declare that, the Respondents have no right to cause any obstruction, prevention or hindrance in the possession or the occupancy of Flat No.3 owned by Plaintiff No.1 and Flat No.4 owned by Plaintiff No.2 situated on the first floor of Twins Apartment, Maninagar as mentioned in the Plaint, and also pleased to grant permanent injunction that, the Respondents of this case shall not obstruct, prevent or cause to obstruct, prevent the Plaintiffs from using Flat No.3 and 4 owned by the Plaintiffs.

(C) The Plaintiff No.1 holds the possession of the property Flat No.1 facing the road on the ground floor of Twins Apartment since death of his father. Hence, Your Honour may be pleased to grant permanent injunction that, the Respondents shall not obstruct, prevent or cause to obstruct, prevent the Plaintiff No.1 from using that property.

(D) Grant any other relief which may deem fit and proper to the Hon’ble Court looking to the facts of this Suit.”

3. The appellants filed application below Ex.6 & 7 seeking the following reliefs :-

“[a] Kindly pass an interim injunction order that pending final disposal of the suit, the defendants or their relatives, agents, servants or attorneys do not have right to disturb or obstruct the peaceful and actual possession of the plaintiff in the suit property bearing Flat No.3 owned by the plaintiff no.1 and Flat No.4 owned by the plaintiff no.2 situated on the first floor in Twins Apartment, Maninagar as described in the suit or they do not have right to restrain the plaintiffs and their relatives from entering into said property, and therefore, the defendants should not restrain the plaintiffs from occupying the said Flat No.3 and 4.

[b] Kindly pass an interim injunction order that pending final disposal of the suit, the defendants or their relatives, agents, servants or attorneys, do not restrain the plaintiff no.1 from entering into road facing flat no.1 on ground floor of Twins Apartment with furniture, clothes and other articles as the plaintiff no.1 holds possession of the said property since the death of his father.”

4. Considering the averments made by the respective parties the Court below by order dated 22.7.2019 rejected the application filed by the appellants below Ex.6 & 7 and directed both the parties to maintain status-quo. The said order dated 22.7.2019 is produced thus :-

“6. A perusal of case file reveals that it is very necessary to peruse the document at Exhibit:4/2 before this Court comes to any conclusion. A perusal of document at Exhibit:4/2 reveals that this is a registered document executed by Late Subodhbhai Jamnadas Gajjar (father of the plaintiffs and defendant) in the year 1988. As per the said document the suit property which was a vacant plot at that time was divided into six (6) different portions upon which six (6) fats had to be constructed with the passage of time, but since at the time of execution of this document the parties were not having sufficient finance, hence by virtue of said document the site for fa