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2023 Supreme(Guj) 631

SANDEEP N. BHATT
KANUBHAI HIRABHAI RAM – Appellant
Versus
ARJANBHAI HIRABHAI RAM – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: P.J. KANABAR.
For the Respondent: H.R. PRAJAPATI.

ORDER :

1. Present petition is filed by the petitioner being aggrieved by and dissatisfied with the judgment and order dated 06.07.2021 passed below Exh.12 in Civil Misc. Appeal No. 02 of 2021 by the learned 2nd Additional District and Sessions Judge, Kodinar for not granting interim injunction against the respondent with respect to the cattle shed slopping land bearing Survey No. 46 paiki 2 admeasuring 01 Hector - 72 Acre - 43 sq.mtrs. of village : Morvad, Taluka Kodinar.

2. The brief facts of the present case are as under:

    2.1 The petitioner and the respondent are the brothers. It is the case of the petitioner that the petitioner has filed Regular Civil Suit No. 1401 of 2019 in the Court of Principal Senior Civil Judge, Kodinar against the respondent herein pertains to the land bearing Survey No. 46 paiki 2, admeasuring 01 Hector - 72 Acre - 43 sq.mtrs. of village: Morvad, Taluka Kodinar and prays for interim injunction by praying various prayers more particularly, the prayer that the respondent may not create any disturbance and also restrict the respondent from using and occupying the agricultural land, the gate, garage, slopping land and residential houses.

2.2 Learned trial Court

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