JUDGMENT (ORAL)

Dr. A.P. Thaker, J.—Both these Appeals from Order are filed against impugned order below Exh-5 passed in Special Civil Suit No.155/2021 by the Civil Judge (S.D.) at Vadodara dated 20.10.2021. Hence, both the matters were heard together.

2. The Appeal from Order No. 138 of 2021 is filed by the original defendant No.10 whereas Appeal from Order No. 140 of 2021 is filed by the original plaintiff.

3. The brief facts as emerged from the Appeal are as under:

3.1 The plaintiff has filed the aforesaid Special Civil Suit against the defendant No.10 and other family members of the plaintiff himself for a declaration and injunction stating that his right as an heir in the property bearing Plot No. 08 of Shri Harinagar Co-op. Housing Society and other consequential relief. Along with the Plaint, he has also filed Application below Exh-5 for injunction Application with a prayer that defendant No.10 may not make further construction over the plot in question and he may be restrained from creating any third party interest in any manner whatsoever. According to the plaintiff, he is one of the legal heirs of Veljibhai Lakhamshibhai Joshi along with other defendants and has stated tha