- (1.)THE present Appeal from Order under Order 43 Rule 1 of the Code of Civil Procedure has been preferred by the appellants-original plaintiffs to quash and set aside the impugned order dated 24/02/2009 passed by the learned Auxiliary Chamber Judge, Court No. 23, City Civil Court, Ahmedabad below Notice of Motion application Exh. 6/7 in Civil Suit No. 12/2008 by which the learned Auxiliary Chamber Judge has dismissed the said Notice of Motion and vacated the ad-interim injunction granted earlier.
(2.)SHRI M. B. Gandhi, learned advocate appearing on behalf of the appellants-original plaintiffs has stated that as such respondents nos. 1/1 and 2 have put up the construction illegally without obtaining prior permission and/or getting the plan sanctioned and, therefore, the same is in breach of the ad-interim injunction granted by the learned trial Court earlier. It is further submitted by Shri M. B. Gandhi, learned advocate appearing appellants-original plaintiffs that even respondents nos. 1/1 and 2 have no valid title in their favour as there is no sale deed in their favour and still respondents nos. 1/1 and 2 were trying to put up the construction and, therefore, it is submitted that respondents nos. 1/1 and 2 are required to be restrained from putting up further construction and to maintain status-quo. It is further submitted that even respondent no. 3-Ahmedabad Municipal Corporation be directed to take action against respondents nos. 1/1 and 2 for putting up illegal construction without getting the plan sanctioned and without obtaining prior permission of the Corporation. It is submitted that as such Ahmedabad Municipal Corporation has already issued notice upon respondents nos. 1/1 and 2 under Section 260 of the Bombay Provincial Municipal Corporation Act. However, after issuance of notice, no further steps have been taken by the Corporation.
(3.)SHRI Mrugen Purohit, learned advocate appearing on behalf of respondents nos. 1/1 and 2 has stated at the bar that respondents nos. 1/1 and 2 shall maintain status-quo with respect to the title and further construction.