Bhupatlal Govindji vs Bhanumati Dayalal on 22 February, 1983
In AIR 1984 Guj 10, Bhupatlal Govindji v. Bhanumati Dayalal, plaintiffs suit was for declaration her status as tenant of suit godown and for injunction restraining defendant from interfering with her possession. The suit was dismissed. Defendant put his own locks to godown before filing of appeal. It was held that an appeal is a continuation of the suit and as the defendant is shrewd enough to over reach the legal process, the Court should put its foot down and see that this shrewdness does not stand rewarded and the Court should restore the legal position which would have continued had the defendant not taken benefit of that intervening period. It was held that the appellate Court was correct in granting mandatory injunction coupled with delivery of possession without there being any formal prayer. These citations should be an eye opener for the petitioners. What the petitioners did was in hot haste and I am of a clear view that there is no error of jurisdiction committed by learned Additional District Judge in passing the impugned order dated 28-11-96.