ORDER : 1. The present petition under Articles 226 and 227 of the Constitution of India is filed for the purpose of seeking following reliefs : “A. Your Lordships may be pleased to issue a writ of certiorari or any other appropriate writ, order or direction to quash and set aside exparte order of injunction dated 30.4.2019 passed below Exh.35 by Ld. 5th Additional Civil Judge, Ahmedabad (Rural) in Regular Civil Suit No.221 of 2018, in the interest of justice. B. Your Lordships may be pleased to stay the execution, implementation of the exparte order of injunction dated 30.4.2019 passed below Exh.35 by Ld. 5th Additional Civil Judge, Ahmedabad (Rural) in Regular Civil Suit No.221 of 2018, pending admission and hearing of the present proceeding, in the interest of justice. C. Your Lordships may be pleased to grant any other and further relief as think fit and proper in the facts and circumstances of the case and in the interest of justice.” 2. The case of the petitioners is that the petitioner is a registered partnership firm and had purchased the land bearing Survey Nos.470/1 and 470/3 mouje Nikol by way of registered sale deed dated 9.7.2018 and the same came to be mutated in the revenue record, as well which entry came to be certified on 15.10.2018. This land has been purchased by the petitioners from one Tribhovanbhai, who is respondent No.5 herein - original defendant No.4. The petitioners were not aware about the pendency of Regular Civil Suit No.221 of 2018 before the Civil Court, Ahmedabad (Rural), in which neither they were made party nor made aware about the pendency of such litigation and have bonafidely purchased the land in question. 2.1 It is further the case of the petitioners that without joining them and without granting any opportunity, surprisingly on 4.5.2019, the petitioners were served with set of papers including the impugned order passed below Exh.35 by the learned 5th Additional Civil Judge, Ahmedabad (Rural) in Regular Civil Suit No.221 of 2018, whereby the petitioners have been injuncted from transferring the possession of the suit land to anybody in any form. It has further been found by the petitioners from the rojkam of the suit that an application under Order 1 Rule 10 read with Section 151 of the CPC was verified and submitted before the trial court on 30.4.2019 for joining the petitioners as party defendant No.5 in the application for interim relief. The same was registered as Exh.33. However, without granting the same, to the utter shock of the petitioners, Exh.35 application came to be moved and straightway, without granting any opportunity of hearing, exparte adinterim has been granted which is made the subject matter of present petition under Articles 226 and 227 of the Constitution of India. 3. The main plank of the arguments canvassed by Mr.Y.M.Thakkar, learned advocate for the petitioners, is that the petitioners have not been joined as party and though the trial court was aware about the fact that Exh.33 application is very much pending, straightway, adinterim relief has been granted without granting any opportunity to the petitioners and without joining the petitioners and that being so, on this very count of violation of principles of natural justice, the order impugned be set aside by granting the reliefs as prayed for in the petition. 4. The Court, upon such submission, was pleased to issue notice and pursuant to the same, the respondent - original plaintiff came to be represented by Mr.Mehul Shah, Senior Advocate with Mr.Nirav C. Sanghavi, learned advocate and arguments have been made. 5. During the process of submissions, it was noticed by the Court as well as realized by both the learned advocates that ultimately exparte adinterim relief was granted without granting any opportunity to the petitioners and during the pendency of party joining application Exh.33. Resultantly, upon broad submission of both the learned advocates, the petition is requested to be disposed of by giving some suitable directions, since violation of principles of natural justice is apparently visible. 6. The Court, considering such broad suggestion and submission, deems it proper to dispose of the present petition which would meet the ends of justice between the parties, on the following line : (1) The impugned order dated 30.4.2019 is hereby quashed and set aside and stands modified to the effect that application Exh.35 shall be reheard and disposed of after granting appropriate opportunity to the parties to the proceeding including proposed defendants i.e. present petitioners. (2) Additionally, application Exh.33 simultaneously without being influenced by either previous or present order. (3) The learned 5th Additional Civil Judge, Ahmedabad (Rural) is requested to take up the hearing of Exh.33 and Exh.35 applications and shall see to it that as far as possible, the same shall be disposed of in accordance with law on its own merit, within a period of 3 months from the date of receipt of writ of this Court. (4) During this passage of time of disposal of Exh.33 and Exh.35 applications which are to be reheard, Mr.Y.M.Thakkar, learned advocate for the petitioners, has specifically made the statement, on instruction, that till the decision is taking place within a period of 3 months, the petitioners will not transfer, alienate or create any encumbrance in any way with regard to the possession of the suit property. (5) Upon this specific assurance having been given, the learned Judge is requested to deal with and dispose of both Exh.33 and Exh.35 applications as early as possible in accordance with law on its own merit, without being influenced by the observations made in the impugned order. (6) In view of aforesaid statement, the impugned order dated 30.4.2019 stands modified, with a further direction that the plaintiff to forthwith deliver the copy of application Exh.35 along with copy of affidavit in support of it and plaint as well as copies of documents on which the plaintiff is relying, to the proposed defendants, who are present petitioners and to that extent, the plaintiff is further directed to submit an affidavit that such copy has been delivered to the proposed defendants i.e. present petitioners. (7) It is needless to clarify that since the Court has disposed of present petition upon broad submissions with aforesaid direction, the Court has not opined anything on merit of stand of rival parties to the proceedings and it is independently left it open to the learned Judge to hear and dispose of both the applications Exh.33 and Exh.35 in accordance with law on its own merit. (8) It is also observed hereby that Civil Application No.1 of 2019 for breach of injunction which has been filed along with present petition, the same is withdrawn under the instruction of the applicants, with a view to file appropriate application before the trial court concerned and as and when such application is filed, the same shall also be dealt with and decided in accordance with law on its own merits. (9) The parties are directed to cooperate with the proceedings so as to see that the aforesaid time schedule can be maintained by the learned Judge. (10) The R & P be sent back to the trial court concerned, forthwith. 7. With aforesaid observations and directions, present petition along with civil application stand disposed of. Notice is discharged.