This appeal is filed praying for quashing and setting aside the order dated 12.10.2011 passed by the learned Principal Sr.Civil Judge, Ahmedabad (District) below Exh.5 in Regular Civil Suit No.365 of 2010.
Learned advocate Mr.Shah submits that the trial Court has held in paragraph 6 of the impugned order that the defendants no.1 to 8 have not filed any reply to the suit as well as to the injunction application and so it seems that they were in collusion with the plaintiff. He submits that, on perusal of the records, it is found that the defendants no.1 to 8 have already filed reply to the suit as well as to the injunction application before the trial Court and so prima facie the impugned order is passed without considering the reply filed by the defendants no.1 to 8. Learned advocate Mr.Patel appearing for the respondents also submit that the reply was filed by defendants no.1 to 8 but it is not considered by the trial Court.
In view of the above, I am of the opinion that it will be in the interest of justice if the matter is remanded to the trial Court for deciding the injunction application afresh after considering the reply of defendants no.1 to 8.
In view of the above, the impugned order dated 12.10.2011 passed by the learned Principal Sr.Civil Judge, Ahmedabad (District) below Exh.5 in Regular Civil Suit No.365 of 2010 is quashed and set aside. The matter is ordered to be remanded to the trial Court for deciding the injunction application afresh. The trial Court is directed to decide the injunction application on or before 31.8.2012 on its own merits, in accordance with law and without being influenced by the order passed by the trial Court as well as by the order passed today and the order passed on 11.11.2011. In the meanwhile, the order passed by this Court on 11.11.2011 is ordered to be continued. Learned advocates for both the parties submit that they shall cooperate for disposal of the injunction application.
With the above direction, this appeal from order and civil application are disposed of.
( M.D.Shah, J ) srilatha Top