JUDGMENT :

1. The present Appeals from Orders are filed under Order XLIII Rule 1(r) of the Code of Civil Procedure, 1908 (hereinafter, referred to as “the Code”) by the appellants – original plaintiffs challenging the order dated 25.09.2025 passed by the learned Trial Court rejecting applications below Exhibits – 5, 53 and 54.

2. Heard learned Senior Advocate Mr. Mihir Shah assisted by learned advocate Mr. Aadit Sanjanwala for the appellants and learned Senior Advocate Mr. Mehul Shah assisted by learned advocate Mr. Jenil Shah appearing on caveat for respondent Nos. 19 to 21.

3. The brief facts of the case are as under:

3.1 The appellants – plaintiffs have filed a suit inter alia seeking specific performance of the agreement to sell dated 11.10.1985 and permanent injunction with respect to land bearing Survey No. 54/1, admeasuring 5,867 sq. mtrs. Mouje – Anjana, Taluka – Udhna, District – Surat, which is allotted final plot No. 94 admeasuring about 4,410 sq. mtrs. in Town Planning Scheme No. 7 (Anjana). The plaintiffs, under the said agreement to sell, were put into possession. The suit land being Survey No. 54/1, was originally owned by Naginbhai Punjiyabhai Mali, Kantibhai Naginbhai Mali, Dhansukbhai Punjiyabhai Mali, Mahesh Dhansukhbhai Mali, Ramesh Dhansukhbhai Mali and Rajubhai Dhansukhbhai Mali. Original owners decided to sell the suit land to defendant No. 16, Vasantlal Thakordas Mali by executing an agreement to sell dated 10.08.1985, possession of the suit land was handed over to defendant No. 6 after accepting full amount of consideration. Thereafter, Thakorbhai Manchhabhai Patel decided to purchase the suit land from Vasantlal Thakordas Mali at a sale consideration of Rs.1,76,400/- and agreement to sell dated 11.10.1985, was executed by Dhansukbhai Punjiyabhai Mali, Naginbhai Punjiyabhai Mali was executed in favour of Thakorbhai Manchhabhai Patel. Defendant No. 16 was shown as a confirming party to the said agreement to sell. Original land owners handed over peaceful and vacant possession of the suit land to Thakorbhai Manchhabhai Patel. In the year 1994, Thakorbhai Manchhabhai Patel received brain stroke and remained in coma till his death on 27.04.2002. Plaintiff No. 1(a) to 1(c) are legals heirs of deceased Thakorbhai Manchhabhai Patel. Plaintiff No. 1(a) to 1(c) agreed to sell the suit land to plaintiff No. 2 by executing an agreement to sell. Defendant Nos. 1 to 15, who are the legal heirs of original owners, were requested to execute a registered sale deed in a suit bearing Regular Civil Suit No. 447 of 1995 instituted by one Ashok Kumar Laxmandas Patel with regard to Survey Nos. 54/2 and 54/3 of Moujhe – Anjana. Present plaintiffs were implied as legal heirs of Thakorbhai Manchhabhai Patel as defendant No. 8. In the month of September 2013, upon service of summons of the aforesaid suit, the plaintiffs on noticing the fact that defendant Nos. 1 to 15 have executed an agreement to sell in favour of defendant No. 18, Nareshbhai Gordhanbhai Sarasiya and a power of attorney was executed by defendant Nos. 1 to 15 in favour of defendant No. 17, Karanbhai Samantbhai Sarasiya. It is the case of appellants that pending suit, defendant Nos. 1, 3 to 11 executed a registered sale deed dated 30.11.2015, in favour of Laljibhai Dungarbhai Dalia, Maganbhai Mohanbhai Lakhankiya and Nareshbhai Haribhai Babaria. On 21.12.2015, plaintiffs were dispossessed by defendants by breaking the barbed wire fencing and by constructing a boundary wall. Plaintiff, therefore, filed application Exhibit – 54 seeking an interim mandatory injunction to restore their possession and also filed an application, Exhibit – 53 for a relief of temporary injunction restraining defendant Nos. 19 to 21 from disturbing plaintiffs’ possession and/or selling the suit land.

The learned Trial Court vide order dated 25.09.2025, rejected all the three applications i.e. Exhibits – 5, 5 3 and 54.

3.2 Being aggrieved and dissatisfied with the rejection of the applications,