Gujarat High Court Case Information System
Print
AO/13120/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL
FROM ORDER No. 131 of 2008
With
CIVIL
APPLICATION No. 3186 of 2008
In
APPEAL
FROM ORDER No. 131 of 2008
=========================================================
BHIKHAJI
VISAJI THAKORE & 1 - Appellant(s)
Versus
BHAGABHAI
BECHARDAS PATEL & 6 - Respondent(s)
=========================================================
Appearance :
M/S
THAKKAR ASSOC. for Appellant(s) : 1 - 2.
UNSERVED-REFUSED (N) for
Respondent(s) : 1,
NOTICE SERVED BY DS for Respondent(s) : 2 -
7.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 11/09/2008
ORAL
ORDER
It
appears that respondent No.1 has refused to accept the notice of the
Court though tendered by the appellants. Though served no one
appears for respondent Nos. 2 to 7.
Appeal
is directed against an order dated 31.8.2007 passed by learned
Additional Senior Civil Judge, Gandhinagar below Exh.5 in Special
Civil Suit No.169 of 2006.
Respondent
No.1 herein is the plaintiff in the said suit. He claimed to have
purchased suit lands from respondent Nos. 2 to 7. The appellants
also claimed to have purchased the same lands by registered
sale-deed dated 18.11.2006.
Learned
advocate Shri Pahwa for the appellants submitted that even if the
interim injunction granted in favour of the plaintiffs by the
impugned order is to be continued, the plaintiffs also should be put
to terms so that ultimately, if the suit is dismissed, interest of
the present appellants is not jeopardized.
Considering
that the rival parties claimed ownership rights over the same
properties and the appellants also have produced on record the
registered sale-deed in their favour, which is not disputed by the
land owners, the request of the learned advocate for the appellants
is accepted.
Under
the circumstances, while disposing of the Appeal From Order as well
as Civil Application and not disturbing the impugned order passed by
the learned Judge, it is further directed that even the original
plaintiff-respondent No.1 herein shall maintain status-quo with
respect to the title and possession of the suit property obtaining
as on today till the trial is over.
With
these directions, appeal from order as well as civil application is
disposed of.
(AKIL
KURESHI, J.)
ashish//
Top