ORDER :

1. Heard learned advocate Mr. Rahulkumar V. Makwana for appellant and learned advocate Mr. Gaurav S. Mathur for respondent Nos. 1 and 2.

2. Upon joint request and consent of learned advocates for both the parties, this Appeal from Order is taken up for final hearing.

3. By way of this Appeal from Order, the appellant has prayed for the following reliefs:

“(A) Your Lordships may be pleased to admit and allow this appeal by quashing and setting aside the impugned order dated 13.12.2022 passed by the learned Principal Senior Civil Judge, Bhachau-Kachchh below application - Exhibit 5 preferred in Special Civil Suit No. 5 of 2021.

(B) xxx xx xxx.”

4. The brief facts leading to the present Appeal from Order are as under:

4.1 The appellant original plaintiff has filed Special Civil Suit No. 5 of 2021 for relief of declaration, cancellation of the WILL dated 15.10.2019 and a registered sale deed dated 24.11.2020 and other ancillary reliefs of permanent injunction.

4.2 The original plaintiff moved an application below Exhibit-5 praying for relief of temporary injunction seeking relief of restraining the defendants from transferring and constructing any construction over the suit land, which