JUDGMENT :

This Appeal from Order has been preferred under Section 104, Order 43 Rule 1 (R) of the Code of Civil Procedure, 1908 against the order dated 5.4.2016 passed by learned City Civil Court, Ahmedabad below Exh-7 in Civil Suit No. 3110 of 2013 whereby the injunction application i.e. Notice of Motion has been rejected.

2. It is contended that the appellant-plaintiff is in possession of the suit property since 1991 and he is cultivating the land in question. It is also contended that there was a Will which was executed in favour of the plaintiffs by the defendant and there was an entry No. 2509 dated 13.3.2013 pertaining to that effect in the revenue record. It is contended that the trial Court has failed to appreciate the fact that the report of Court Commissioner clearly shows that the plaintiff is in possession of the suit property. It is also contended that the plaintiff has paid full consideration of the land and since he was in possession, the trial Court ought to have granted injunction as question of immovable property is involved. It is contended that without considering the report of the Court Commissioner, the trial Court has erroneously observed that the plaintiff is