AO/2/0306 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD APPEAL FROM ORDER No. 203 of 2006 WITH CIVIL APPLICATION NO. 8846 OF 2006 IN APPEAL FROM ORDER NO. 203 OF 2006 WITH CIVIL APPLICATION NO. 9779 OF 2006 IN APPEAL FROM ORDER NO. 203 OF 2006 WITH CIVIL APPLICATION NO. 13345 OF 2007 IN CIVIL APPLICATION NO 8846 OF 2006 IN APPEAL FROM ORDER NO. 203 OF 2006 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= BANKIM THAKORBHAI MEHTA & 4 - Appellant(s) Versus VAGHJIBHAI GHELABHAI BHAGIA & 3 - Respondent(s) ========================================================= Appearance : MRS KETTY A MEHTA for Appellant(s) : 1, 1.2.1, 1.2.2, 1.2.3,1.2.4 - 5. MR DHAVAL D VYAS for Respondent(s) : 1, NANAVATI & NANAVATI for Respondent(s) : 2, AO/2/0306 2/4 JUDGMENT RULE SERVED for Respondent(s) : 3, SERVED BY AFFIX.-(R) for Respondent(s) : 4, MR. S.P.MAJMUDAR for Respondent(s) : 5 to 8 ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 16/12/2008 ORAL JUDGMENT 1. Heard Mrs. Ketty Mehta, learned advocate appearing on behalf of the appellants-original plaintiffs, Mr. Dhaval D. Vyas, learned advocate appearing on behalf of respondent No. 1-original defendant No. 1 herein and Mr. S.P Majmudar, learned advocate appearing on behalf of newly added respondent Nos. 5 to 8. 2. Present Appeal From order is preferred by the appellants-original plaintiffs challenging impugned order dated 21.07.2006 passed by the learned 2nd Additional Senior Civil Judge, Surat below Exh. 5 in Special Civil Suit No. 195 of 2003, by which the learned trial Court has rejected the said application submitted by the appellants-original plaintiffs for interim injunction. AO/2/0306 3/4 JUDGMENT 3. Today when the matter is called out, there is broad consensus between the learned advocates appearing on behalf of the aforesaid respective parties that let the impugned order dated 21.07.2006 passed by the learned trial Court below Exh. 5 in Special Civil Suit No. 195 of 2003 be quashed and set aside and let the injunction be issued against all the parties directing them to maintain status quo. Accordingly, it is requested to allow the present Appeal From Order. Learned advocates appearing on behalf of respective parties do not invite any further reasoned order in view of the broad consensus. 4. Accordingly, present Appeal From Order is hereby allowed. The impugned order dated 21.07.2006 passed by the learned 2nd Additional Senior Civil Judge, Surat below Exh. 5 in Special Civil Suit No. 195 of 2003 is hereby quashed and set aside and all the parties to the suit are hereby directed to maintain status quo during the pendency and final disposal of Special Civil AO/2/0306 4/4 JUDGMENT Suit No. 195 of 2003. Thus, in view of the above, original plaintiffs as well as all the defendants, inclusive of subsequent purchasers, are directed to maintain status quo with respect to the suit land in question. Appeal From Order is accordingly allowed to the aforesaid extent. In view of allowing present Appeal From Order, no further orders in Civil Application Nos. 8846 of 2006, 9779 of 2006 and Civil Application No. 13345 of 2007 and all the aforesaid Civil Applications are accordingly disposed of. There shall be no order as to costs. (M.R.SHAH, J.) niru*