Heard learned Senior Counsels, Mr.Vakharia for the appellants-original defendants and Mr.D.C.Dave for the respondent-original plaintiff.
It is submitted by Mr.Vakharia that present respondent-original plaintiff had filed Special Civil Suit No.103 of 2008 along with application for temporary injunction at Ex.5. After hearing the parties, said application was rejected vide order dated 21-4-2008 against which, when the original plaintiff preferred Appeal From Order before this Court, injunction application was directed to be decided within three months. However, said application was withdrawn with a liberty file fresh application for further injunction as the property in question was transferred. Thereafter, application Ex.55 for further temporary application preferred by the original plaintiff was allowed by trial court vide order dated 19-5-2011 and parties were directed to maintain status quo. It is submitted by Mr.Vakharia that said order dated 19-5-2011 is suspended till date.
In view of the above, issue notice as to admission of the appeal as interim relief in civil application returnable on 3-7-2012. Learned Senior Counsel, Mr.D.C.Dave for Mr.Parthiv B.Shah, learned advocate for the respondent-original plaintiff waives service of notice.
Order dated 19-5-2012 passed by the trial court below Ex.68 suspending the order impugned dated 19-5-2012 passed below Ex.55 to continue till the returnable date. It is submitted by Mr.Vakharia that the appellants are not going to transfer or make any construction on the property.
Learned Senior Counsel, Mr.D.C.Dave is permitted to place on record the paper book with the Registry.
[M.D.SHAH,J.] radhan Top