GUJARAT AGRICULTURAL UNIVERSITY v. URVASHIDEVI

CORAM : MR.JUSTICE M.S.PARIKH Date of decision: 02/07/98 ORAL JUDGEMENT (cid:9)Admit. By consent of the learned advocates for the parties, this appeal is taken up for final hearing today. The appellant who happens to be the plaintiff in special civil suit no. 72 of 1997 has filed the said suit for obtaining possession of the land in question by virtue of section 6 of the Specific Relief Act, 1963. In that suit, the plaintiff moved an application Exh. 5 for obtaining the relief of interim injunction restraining the defendant from transferring or assigning the land in question or any portion thereof to anybody and also for relief of mandatory injunction directing the defendant to hand over possession of the land in question to the plaintiff. By the impugned order dated 2nd December, 1997, the learned trial Judge granted the interim injunction against the apprehended transfer of the suit land but did not grant mandatory injunction. That is how the appellant-plaintiff is before this Court in this appeal from order.

2.(cid:9)It is not in dispute that soon after the filing of the suit for possession as aforesaid, the defendant has also filed special civil suit no. 76 of 1997 challenging the status of the present plaintiff vis-a-vis the land in question.

3.(cid:9)Having heard the learned advocates for the parties and bearing in mind the facts and circumstances of the case, the order impugned herein cannot be set aside. However, since the suit in question is for obtaining the relief of possession of the land in question by virtue of the provisions of section 6 of the Specific Relief Act, it is obvious that the said suit has got to be decided on priority basis.