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NIKHIL S. KARIEL
Vajiben Khimabhai – Appellant
Versus
Jyotsanaben Nareshbhai Karodiya – Respondent
ORDER :
1. Heard learned Advocate Mr. Rushabh H. Munshaw on behalf of the petitioners and learned Advocate Mr. Sandeep R. Limbani for the respondent No.1.
2. At the outset, it is required to be noted that what is challenged by way of this writ petition is judgment and order passed by the District Court, Rajkot, dated 30.04.2018, whereby an order of the learned Civil Court dated 15.09.2017, whereby an application under Exh.5 for grant of interim injunction had been rejected, has been set aside by the learned Lower Appellate Court, and whereas interim injunction as prayed for by the original plaintiff in application below Exh.5 had been granted. As noted hereinabove, the judgment and order being of 30.04.2018 and whereas the present petition being filed immediately thereafter in the month of June, 2018, thereafter, it appears that though the matter had been listed on various dates, the matter had not been heard. Thus, only on the ground of the order having remained unchallenged for more than four and half years, in the considered opinion of this Court, no interference is warranted.
3. Inspite of the above observations, this Court has heard the learned Advocates for the respective partie
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