SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(Guj) 482

A. P. THAKER
Jayeshkumar Mathurbai Patel – Appellant
Versus
Mukeshbhai Vershibhai Desai – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR. MIHIR THAKORE, SR. ADVOCATE WITH SHASHVATA U SHUKLA
For the Respondent:MR. KAMAL TRIVEDI, SR. ADVOCATE WITH MR SUNIL S JOSHI

Table of Content
1. plaintiff's claim and property background (Para 1 , 2 , 3)
2. arguments for interim injunction by plaintiffs (Para 4 , 5 , 6)
3. court's analysis on arguments and evidence (Para 7)
4. legal reasoning on property rights and obligations (Para 10 , 11 , 33)
5. court's final decision regarding injunction (Para 44)

JUDGMENT :

1. Being aggrieved and dissatisfied with the impugned order dated 19.2.2020 passed below Exh-5 by the learned Principal Senior Civil Judge, Ahmedabad (Rural), Mirzapur, Ahmedabad in Special Civil Suit no. 119 of 2019 whereby the trial Court has disallowed the application filed by the plaintiffs-appellants for interim injunction, the original plaintiffs have preferred this Appeal from Order under Order 43 Rule 1(r) of Code of Civil Procedure.

2. The appellants are the original plaintiffs and the respondents are the defendants before the trial Court. For the brevity and convenience, the parties are referred to in this order as per the nomenclature assigned to them in the trial Court.

3. The plaintiff has filed the Suit for specific performance, cancellation of documents and declaration of injunction in respect to the Suit property being land revenue survey

                Click Here to Read the rest of this document
                1
                2
                3
                4
                5
                6
                7
                8
                9
                10
                11
                SupremeToday Portrait Ad
                supreme today icon
                logo-black

                An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                Please visit our Training & Support
                Center or Contact Us for assistance

                qr

                Scan Me!

                India’s Legal research and Law Firm App, Download now!

                For Daily Legal Updates, Join us on :

                whatsapp-icon telegram-icon
                whatsapp-icon Back to top