present suit. If it has been prayed only
for declaration and injunction, the suit would not be
tenable. Because, the plaintiff does ... prayers like declaration and
injunction cannot be granted. Hence, my reply to the
point Nos. 1 and 2 is negative and following order is
passed
plaintiffs?
3. Whether the plaintiffs will suffer irreparable loss / injury, if injunction
is not granted ?
4. What order ?
4. My findings to the above points ... 4318/2012 ORDER
1. In the Negative
2. In the Negative
3. In the Negative
4. As per final order
5. In support
present not in possession of the suit
premises, relief for permanent injunction restraining
the defendant from taking possession of the suit
premises as prayed ... entitled to get permanent injunction
as prayed for. So, the answer of issue No. 1 is given
in the negative and pass following final order
Tusharbhai Harjibhai Ghelani vs State Of Gujarat on 7 December, 2018
Author: J.B.Pardiwala
over
the suit property and, therefore, he is not entitled to the
injunction as prayed for. There are concurrent findings of fact
recorded ... will relied upon by
the defendants has been answered in the negative by the Trial
Court. According to Mr. Dave, the finding on issue
under;
"(1) In the negative
(2) In the negative
(3) Partly in the affirmative
(4) In the negative
(5) Partly in the affirmative ... possession of the suit land and, accordingly, granted
the relief of permanent injunction. The Trial Court, while
answering the issues
possession of suit property?
3 Whether the plaintiff proves that though injunction order was
passed, the respondents usurped the possession of suit property?
4 Whether ... answered is as under:
"(1) Affirmative.
(2) Affirmative.
(3) Negative.
(4) Negative.
(5) Negative.
(6) Negative.
(7) As per final order
Tusharbhai Harjibhai Ghelani vs State Of Gujarat on 7 December, 2018
Author: J.B.Pardiwala
plaint. Further plaintiff is not entitled for any kind of
permanent injunction as sought in para-8(C) of the
plaint. Considering above ... aside. Hence, my answer to point No.1 to 3 are
in negative and point No.4 as per final. In view of
above
Whether the plaintiff proves that the defendants
disobeyed the order of interim injunction?
(4) Whether the defendants prove that the construction
put up by them ... 2015 ORDER
"(1) In the negative
(2) In the negative
(2-A) In the negative
(2-B) In the negative
