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2024 Supreme(Guj) 260

SANDEEP N. BHATT
M M Plastoware India Pvt. Ltd. – Appellant
Versus
Umeshbhai Bhanabhai Patel – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr Mahesh Vishwakarma For Mr. R.D.Kinariwala

JUDGMENT :

1. This appeal from order is filed under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (‘the CPC’ for short) for the following prayers:

    “8(A) Your Lordships may be pleased to admit and allow the present Appeal from Order.

(B) Your Lordships may be pleased to quash and set aside the order dated 15.12.2023, passed by the Ld. Principal Senior Civil Judge at Umargaon, District : Valsad in Special Civil Suit No.15 of 2023, passed below Exh.5 more particularly, produced at Annexure-A to the present appeal and further be pleased to grant the injunction, filed below Exh.5 by restraining the defendants herein from entering into the property owned and possessed by the plaintiff more particularly mentioned as property (S-1, S-2 and S-3) in the present appeal;

(C) xxxx”

2. The appellant-original plaintiff filed the Special Civil Suit No.15 of 2023 for the reliefs prayed therein on the facts stated in the memo of the plaint. Along with the said suit, application at Exh.5 was filed for injunction for the following prayers:

    “(1) This Hon’ble Court be by an Order pleased to restrain the Defendant No.1 & 2, their assigns, agents, servants, representatives, partners, associates or an

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