Gujarat High Court Case Information System
Print
AO/41920/2007 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL
FROM ORDER No. 419 of 2007
With
CIVIL
APPLICATION No. 14603 of 2007
In
APPEAL FROM ORDER No. 419 of 2007
=========================================================
BADHIBEN
NARAN DANGAR & 5 - Appellant(s)
Versus
DAXABEN
GOVINDBHAI THAKKAR - Respondent(s)
=========================================================
Appearance
:
MR
HRIDAY BUCH for
Appellant(s) : 1 - 6.
MR MEHUL S SHAH for Respondent(s) : 1,
MR
SURESH M SHAH for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 04/09/2008
ORAL
ORDER
Appellants
are original defendants. They have challenged an order dated 1.10.07
passed by the Principal Senior Civil Judge, Anjar below Ex.5 in
Special Civil Suit No.9/07. Operative part of the impugned order
reads as follows:
(1)The
present application is hereby ordered to be allowed.
Defendant
are restraining from transferring, alienating the said property
through them or by their power of attorneys till then the final
disposal of the suit.
The
plaintiff is directed to deposit the rest of the amount in the Court
within 15 days from the date of the order.
Defendants
are hereby directed to carry out the measurement through D.I.L.R.
That is the proper authority for carrying out the measurement and
the report should be produced before this Court within 30 days from
the date of the order and if any time is required, defendants are
permitted to ask for the time.
Learned
advocate Shri Buch for the appellants submitted that the appellants
do not in this appeal oppose the directions restraining the defendant
from transferring, alienating the property during the pendency of the
suit nor are the appellants perturbed by the direction for taking out
measurements of the property in question. He, however,submitted that
the direction for depositing rest of the amount before the Court
would prejudice the appellants-original defendants.
I
see no reason to interfere. All that the Trial Court at the interim
stage has done is to have the measurements of the property taken
and restrain the defendants from transferring or alienating the
property. Additionally, the plaintiff is directed to deposit the
remaining amount under the agreement to sell. This is only to test
the bonafide of the plaintiff. No prejudice would be caused to the
defendants i.e. present appellants. The suit will be decided finally
on the basis of the evidence that may be brought on record by both
the sides unmindful of the observations in the impugned order as
well as in this order. All contentions of both sides are obviously
kept open.
Subject
to the above observations, the appeal and the civil applications are
disposed of.
(Akil Kureshi, J.)
(vjn)
Top