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Judgment
Ilesh J. Vora, J
Challenge in this Appeal from Order is to the order dated 20.10.2022 passed below Exh. 26 in Special Civil Suit No. 72 of 2021, by which, the learned 8th Senior Civil Judge, Gandhinagar, refused to grant order maintaining status-quo with respect to suit property.
This Court has heard learned counsel Mr. Maulik Shelat and Mr. Tattvam K. Patel, learned counsel for the respective parties.
The appellants have filed a suit, for seeking declaration that mortgage in question is still alive and further relief of cancellation of sale deed executed by the respondents. The appellants have also prayed for interim injunction pending the suit below Exh. 5. Before the Civil Court could hear the application Exh. 5, the appellants – original plaintiffs filed Exh. 26, for issuance of necessary direction for maintaining the status-quo with respect to civil land and construction thereof. The learned trial Court after hearing the parties, rejected the said application. Aggrieved with the order of rejection, the appellants are before this Court.
After hearing the counsel for the respective parties, this Court deem it fit to direct the trial Court to decide the Exh.5 application on its own merits in accordance with law and decided the same within 3 months without being influence by the observations passed below Exh. 26.
With the aforesaid observation, the present Appeal from Order is disposed of accordingly. The Court has not examined the merit of the case. Direct service is permitted. The trial Court shall act upon the downloaded copy of this order.
In view of the order passed in main Appeal from Order, no order in Civil Application and is disposed of accordingly.