2024 INSC 913 Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 13001 OF 2024 (@SPECIAL LEAVE PETITION(CIVIL) NO. 252 OF 2023
RAMAKANT AMBALAL CHOKSI ……..……………APPELLANT
VS
HARISH AMBALAL CHOKSI & OTHERS …………….RESPONDENT(S)
O R D E R
1. Leave granted.
2. This appeal arises from the order passed by the High Court of Gujarat dated
08.12.2022 in Appeal from Order No. 86/2022 by which the High Court
allowed the miscellaneous appeal filed by the respondents herein and thereby
set aside the order of injunction which was passed by the trial court below
Exhibit-5 in favour of the appellants herein.
3. Heard the learned counsel appearing for the parties and also looked into the
materials on record.
1
SUIT PROCEEDINGS
4. The appellants herein, who are the original plaintiffs before the trial court,
instituted the Special Civil Suit No. 54 of 2019 for declaration, cancellation of
registered sale deed bearing no. 2863 dated 23.03.2018 and permanent
injunction against the respondents herein, that is, the original defendants. In
the said suit, the plaintiffs filed an application below Exhibit-5 for grant of
temporary injunction under Order 39 Rules 1 and 2 read with Section 151 of
the Code of Civil Procedure, 1908 (“CPC”).
5. For the sake of convenience, the parties are referred to by their nomenclature
in the original suit.
6. Plaintiff...