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AO/284/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL
FROM ORDER No. 284 of 2010
With
CIVIL
APPLICATION No. 10105 of 2010
In
APPEAL FROM ORDER No. 284 of 2010
With
APPEAL
FROM ORDER No. 289 of 2010
With
CIVIL
APPLICATION No. 10424 of 2010
In
APPEAL FROM ORDER No. 289 of 2010
======================================
KRISNABEN
GOBARBHAI VAGHASIYA - Appellant
Versus
CHENTABHAI
GOVINDBHAI VADUKAR & 1 - Respondents
======================================
Appearance :
MR
AJ PATEL for the Appellant.
MR RD DAVE for Respondent No.1.
MR
NK PAHWA FOR MRS SANGEETA N PAHWA for Respondent
No.2.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 20/06/2011
ORAL
ORDER
1. Appeal
from Order No.284/2010 has been preferred by the appellant herein –
original plaintiff to quash and set aside the impugned order dated
09/07/2010 passed by learned Principal Senior Civil Judge, Modasa
below Exhs.8 & 29 in Special Civil Suit No.76/2010, by which,
learned Trial Court has dismissed the aforesaid two applications
preferred by the appellant – original plaintiff and has refused to
grant interim injunction in favour of original plaintiff with respect
to disputed property in question.
2. Appeal
from Order No.289/2010 has been preferred by the appellant herein –
original plaintiff to quash and set aside the impugned order dated
09/07/2010 passed by learned Principal Senior Civil Judge, Modasa
below Exhs.8 & 29 in Special Civil Suit No.77/2010, by which,
learned Trial Court has dismissed the aforesaid two applications
preferred by the appellant – original plaintiff and has refused to
grant interim injunction in favour of original plaintiff with respect
to disputed property in question.
3. Mr.N.K.Pahwa,
learned advocate appearing on behalf of respective respondent No.2
herein – original defendant No.2 – purchaser of the
disputed property in question, under the instructions from his
respective clients, has stated at the bar that at present the
respective original defendants more particularly original defendant
No.2 are not desirous of transferring and/or alienating the
suit properties in any manner whatsoever and as and when respective
defendant No.2 propose to transfer and/or alienate the suit
properties, the same shall be done only after obtaining appropriate
permission from the learned Trial Court and for which, an appropriate
application shall be submitted by respective original defendant No.2.
4. In
view of the above, the present Appeals from Orders are disposed of by
directing the respective respondent No.2 herein – original
defendant No.2 to act as stated hereinabove. As and when respective
original defendant No.2 propose to transfer and/or alienate the suit
properties and any application is submitted by respective respondent
No.2 herein – original defendant No.2, the same shall be
considered by the Trial Court in accordance with law and on merits,
without in any way being influenced by the order passed below Exh.5
as well as the present order. With above directions, both these
Appeals from Orders are disposed of.
5. In
view of disposal of the main Appeals from Orders, no order in the
Civil Applications and Civil Applications are also disposed of
accordingly. No costs.
[M.R.SHAH,J]
*dipti
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