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2024 Supreme(Guj) 261

SANDEEP N. BHATT
Ranjit Dhirajlal Desai – Appellant
Versus
Nitaben D/o Mehmoon Dhirajlal Gulabbhai – Respondent


Advocates:
Advocate Appeared:
For the Appellant :
Mr BS Patel, Senior Advocate With Mr Chirag B Patel, Mr Mihir Thakore, Senior Advocate With Ms Trusha Patel, Senior Advocate With Mr Nisarg Raval
For the Respondent:Mr Mehul S Shah, Senior Advocate With Mr Manan A Shah

JUDGMENT :

1. These Appeals From Orders are preferred under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (‘CPC’ for short). Appeal From Order no.12 of 2023 is filed by the original defendant nos.2 to 4 being aggrieved by the order dated 12.1.2023 passed below Exh.5 in SCS No.16 of 2022 (Old RCS No.98 of 2020) by the learned Principal Senior Civil Judge, Valsad, whereby the applicant Exh.5 preferred by the original plaintiffs seeking injunction against the defendants came to be allowed. Being aggrieved by the very same order, defendant no.5 has filed the Appeal From Order No.13 of 2023.

2. As both these appeals are arising out of the same order, the facts are same and the arguments advanced are also same, they were ordered to be tagged together by a previous order dated 1.2.2023. Accordingly, they are heard together and disposed of by this common judgment. The parties are referred to hereinafter by their original status of plaintiffs and defendants for the sake of convenience.

3. The brief facts leading to filing of these appeals, as stated in the memo of appeals are such that the opponents-original plaintiffs filed Special Civil Suit No.16 of 2022 (Old RCS No.98 of 2020) fo

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