[1] Though served, nobody appears for the respondents. By this petition, the petitioner original plaintiff has challenged the order dated 07.12.2011 passed by learned Principal District Judge, Junagadh in Civil Misc. Appeal No.48 of 2011 and order dated 28.04.2011 passed by the learned 5th Additional Senior Civil Judge, Junagadh below Exh.5 in Regular Civil Suit No.7 of 2011.
[2] It is submitted by Mr.Mehta, learned senior advocate for the petitioner herein original plaintiff that during the proceedings of the suit, petitioner herein could not get necessary certificate from the Junagadh Municipal Corporation and so it was not placed before the Trial Court. It is further submitted that subsequently, petitioner herein got copy of said certificate from the Junagadh Municipal Corporation.
[3] Mr.Mehta, learned senior advocate took this Court to the orders passed by both the Courts below. It is further submitted that mainly injunction application is rejected on the ground that no objection certificate was not obtained by the petitioner herein from the Junagadh Municipal Corporation.
[4] Having heard learned senior advocate for the petitioner herein and considering the fact that now the petitioner herein original plaintiff has got no objection certificate and other relevant documents which are mentioned in para 8 of the order dated 28.04.2011 passed by the Trial Court below Exh.5 in Regular Civil Suit No.7 of 2011, in opinion of this Court, matter is required to be remanded back to the Trial Court for deciding the injunction application afresh.
[5] In view of above, the petition is allowed. Matter is remanded back to the Trial Court for deciding the injunction application afresh. Order dated 07.12.2011 passed by learned Principal District Judge, Junagadh in Civil Misc. Appeal No.48 of 2011 and order dated 28.04.2011 passed by the learned 5th Additional Senior Civil Judge, Junagadh below Exh.5 in Regular Civil Suit No.7 of 2011 are hereby quashed and set aside. Petitioner herein original plaintiff is at liberty to place on record necessary document i.e. no objection certificate issued by the Junagadh Municipal Corporation and other relevant documents which are mentioned in para 8 of the order dated 28.04.2011 passed by the Trial Court below Exh.5 in Regular Civil Suit No.7 of 2011 before the Trial Court and in light of this fact, the Trial Court will decide the injunction application afresh and in accordance with law.
(M.D.SHAH, J.) satish Page 3 of 3