ISHWARBHAI LALLUBHAI Vs. MAGANBHAI NANJIBHAI PATEL

JUDGEMENT

(1.) THE present Appeal from Order has been filed by the appellants- original defendants being aggrieved with the impugned order passed below Exh. 5 in Special Civil Suit No. 280/2009 by the 8 th Addl. Sr. Civil Judge, Surat, dated 7.7.2011 granting injunction on the grounds stated in the memo of the Appeal from Order.

(2.) HEARD learned advocate Shri S.P.Majmudar for the appellants and learned advocate Shri Mangukiya for the respondent.

(3.) IN support of his submission, llearned advocate Shri Majmudar has referred to and relied upon the judgment of this High Court in the case of Harshadkumar Kantilal Bhalodwala and anr. v. Ishwarbhai Chandubhai Patel and ors., reported in 2010(2) GLR 1041, and submitted that as observed in this judgment, unless payment of consideration has been proved by other material or cogent evidence, it cannot be readily accepted as a gospel truth. Learned advocate Shri Majmudar submitted that, in fact, the document which has been referred to by the other side is with regard to the revenue record for payment of taxes or dues which is in the name of the appellants. He also submitted that admittedly the possession of the property is with the respondent and therefore the impugned order has been passed without considering the basic relevant criteria for grant of injunction. He submitted that the plaintiff has to prove a prima facie case, then only the question of balance of convenience etc. would arise. He submitted that if the plaintiff has failed to establish even a prima facie case, then the balance of convenience etc. would not be considered as it may not be relevant.