Learned Senior Counsel Mr.Sanjanwala for learned advocate Mr.D.M.Popat for the appellant-plaintiff took me through the impugned order dated 23.04.2012, passed by the Trial Court below temporary injunction application Exh.22 filed in the suit and Mr.Sanjanwala, learned Senior Counsel for the appellant-plaintiff submitted that despite the fact that the temporary injunction order was claimed qua the respondent nos.1 to 5 (Original defendant Nos. 1 to 5) in said application before the Trial Court and though they were served with the notices, they did not contest the application filed by the appellant-plaintiff before the Trial Court nor they remained present. My attention was drawn to the relevant papers annexed with this Appeal from Order and submitted that from the very inception, the case of the appellant-plaintiff was that the fraud was practiced and his signature was obtained and the plaintiff has filed the suit before the Trial Court, seeking decree for cancellation of the forged document.
Having considered the submissions advanced on behalf of the appellant-plaintiff, so also perusing the impugned order passed by the Trial Court and the relevant papers annexed with this Appeal from Order, NOTICE returnable on 21.06.2012.
In the meanwhile, in light of above discussion, so also considering the facts and circumstances of the case, respondent nos.1 to 5 at this stage are restrained from transferring or otherwise alienating the disputed property to any third party or to create any third party interest in the disputed property. Direct service is permitted, today.
(J.C.UPADHYAYA,J.) Girish Top