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Amrutbhai Devkaranbhai Bhut vs Labhuben Ranchodbhai &

High Court Of Gujarat|27 September, 2013
1. Challenge in this Appeal from Order is the order dated 24.07.2012 passed by the learned 2nd Additional Senior Civil Judge, Morbi below Exh.5 in Special Civil Suit No.53 of 2012 whereby, application Exh.5 came to be rejected.
2. Learned advocate Mr.Vaibhav Vyas, under the instructions from the client of learned advocate Mr.Sojitra, makes a statement at the bar that the appellant is ready to deposit balance consideration of Rs.80 lacs with the trial Court within two months from today.
3. On amount being so deposited, the learned trial Judge is directed to invest the said amount in cumulative F.D.R. initially for a period of one year and shall further renew the same for appropriate period after one year till final disposal of the suit. The learned trial Judge is further directed to keep original F.D.R. in the custody of Registry of the Court. The parties to the suit are directed to maintain status quo position qua the suit property till final disposal of the suit and co-operate with the trial Court without seeking unnecessary adjournments. If the appellant fails to deposit the balance consideration of Rs.80 lacs within two months from today, as aforesaid, order of status quo granted by this Court shall stand vacated upon expiry of the period of two months. It is also clarified that no further time shall be extended to deposit the balance consideration on any grounds.
4. In view of the above observations and directions, the present Appeal from Order stands disposed of.
5. While parting with the order, it is clarified that this Court has examined the impugned order passed by the learned trial Judge within the limited scope of provisions of Order 43 Rule 1(r) of the Code, whereas the main controversy involved in the suit is at large before the trial Court to be adjudicated through full-fledge trial. Therefore, the learned trial Judge shall not be influenced by any observations recorded in the impugned order while deciding the suit at the end of trial. The findings recorded either by the trial Court or by this Court at interlocutory stage of the suit are tentative in its nature and the learned trial Judge shall decide the case on its merit and as per evidence that may be led during the course of trial in accordance with law.
Order in Civil Application In view of the order passed in Appeal from Order, this application does not survive and the same is also disposed of. Notice is discharged.
(S.H.VORA, J.) Hitesh Page 3 of 3
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