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SCA/783/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 783 of 2010
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DEVSHIBHAI
MUMABHAI BHARWAD & 3 - Petitioner(s)
Versus
HAJIBHAI
VIHABHAI RAVAL - Respondent(s)
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Appearance :
MS.
KRUTI M SHAH for Petitioner(s) : 1 - 4.
None for Respondent(s) :
1,
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CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 01/02/2010
ORAL
ORDER
Heard
Ms. Kruti M.Shah,learned counsel for the petitioners. It is submitted
by her that the impugned order of the lower Appellate Court whereby
the interim injunction granted by the Trial Court by order dated
21-4-2009 below application at Exh.5,has been set aside, is
erroneous, inasmuch as the lower Appellate Court has not taken into
consideration the merits of the case while passing the impugned order
and has not considered the aspects of prima facie case, balance of
convenience and irreparable loss, which have been minutely considered
by the Trial Court, as has been the documentary evidence on record.
It is further submitted that initially before the Trial Court, only
notice was issued but as the respondent started construction during
the pendency of application at Exh.5, the Trial Court has granted an
order of interim injunction after taking into consideration legal and
factual aspects as well as the documentary evidence and conduct of
the respondent, which order has been set aside by the lower Appellate
Court and as such, the impugned order is not sustainable.
Issue
notice returnable on 24-2-2010. The respondent shall maintain
status-quo, qua the suit property, till then. In addition to the
normal mode of service, direct service is also permitted.
(Smt.Abhilasha Kumari,J)
arg
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