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MAULIK J. SHELAT
Dilipbhai Laxmanbhai Kanani – Appellant
Versus
Kshitijbhai Manubhai Patel – Respondent
JUDGMENT (ORAL )
This appeal is directed against the order dated 11th December 2006, passed by the Principal Senior Civil Judge, Ahmedabad (Rural), Mirzapur, below injunction application Exhibit 5 in Special Civil Suit No. 187 of 2006. The appeal is filed under Order XLIII Rule 1 (r) of the Code of Civil Procedure, 1980 (hereinafter referred to as “C.P.C.”) by the original plaintiffs of the aforesaid suit. The respondents herein are original defendants.
2. As far as possible, hereinafter, the parties will be referred as per their original position in the suit.
History of Appeal
3. Before addressing to the issues germane in the appeal, the events, which have taken place and the few orders passed by my predecessors, need to be first observed in this judgementorder.
3.1. This appeal was admitted on 26th December 2006 and it has been so recorded in the order passed in the injunction application (Civil Application No. 15068 of 2006) that as per statements made by respective learned Advocates appearing for defendants, till the hearing of the appeal, their clients (defendants) shall not transfer, alienate or deal with the property in question and maintain status quo of the same. The order
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