A. G. Uraizee, J. - (1.) The appellant-original plaintiff has preferred the present Appeal under Section 96 of the Code of Civil Procedure, 1908 to challenge the judgment and order dated 9th April, 2015 passed by learned 3rd Additional Senior Civil Judge, Kutch Bhuj in Special Civil Suit No.111 of 2011 whereby he rejected the aforesaid special civil suit.
(2.) The appellant herein instituted Special Civil Suit No.111 of 2011 in the Court of learned Principal Civil Judge, Kachch-Bhuj for permanent injunction and declaration and also to set aside the sale deed executed in respect of survey No.36/2, 37, 40, 42. 870/55 as she has got share in the said land being ancestral property, in this suit, she also took out Exhibit-5 application under Order 39 Rule 1 (2) for restraining the respondents from transferring the suit property in any manner. The learned trial Judge by the order 4th November 2011 dismissed Exhibit-5 application against which Appeal from Order No.8 of 2012 was preferred before this Court, which was admitted by this Court vide order dated 25th June 2013. The same was also ordered to be heart with this appeal by the learned Single Judge.
(3.) The appellant also filed application exhibit 22 for amendment of the plaint on 30th March 2012, which was opposed by respondents nos. 10 to 12 by filing their reply. The learned trial judge, after hearing both the sides, partly allowed the amendment application by the order dated 7th October 2013. Feeling aggrieved, the appellant has filed Civil Revision Application No.25 of 2014 before this Court, which was converted into Special Civil Application No.5746 of 2014 and the same was also ordered to be heard with this appeal by the learned Single Judge.;