Learned Advocate Ms. Archana Acharya for the Respondent is permitted to delete 4 lines with regard to intimation to the learned Advocate from the Affidavit in Reply dated 30.4.2012.
The present Civil Application has been filed for the interim relief on the ground stated in the Application, and after hearing the learned Advocate Mr. Mehul H. Rathod for the Applicants, this Court had passed ad-interim order dated 26.3.2012, which was subsequently extended on 2.4.2012.
The main emphasis of learned Advocate Mr. Mehul H. Rathod for the Applicants is that no opportunity was given to the Applicants and the order has been passed.
However, an Affidavit-in-Reply filed by the other side shows the details of the Rozkam as well as other contentions raised with regard to the merits of the matter particularly the development on the land in question, which had already started as a project, where the rights of the 3rd party have been intervened.
In view of the submissions made by learned Advocate Ms. Ketty Mehta for the Respondent that the interim order may be vacated or modified deserves to be considered.
Learned Advocate Ms. Mehta for the Respondent has emphasized and submitted that apart from the merits of the matter, at the most, the Appellants could claim 1/3rd of the 1/3rd share in the property, i.e. 1/9th, and therefore the entire project may not be stalled.
It is in these circumstances, having regard to the overall facts and circumstances, when the Appeal is Admitted and is pending for final hearing, the present Civil Application requires to be disposed of by modifying the interim relief, which has been granted in the manner which would protect the rights of both the sides till the final hearing of the First Appeal. Therefore, it would be in the fitness of things and the interest of justice would be served if the interim relief granting status quo vide order dated 26.3.2012 is vacated subject to the condition that the Respondent shall deposit an amount of Rs.5 lacs (Rupees Five lacs) before the Registry of this Court within a period of 10 days, which shall be invested in the name of the Registrar with any Nationalized Bank initially for a period of 3 years and it will be subject to further order that may be passed at the time of hearing of the First Appeal.
With the aforesaid observations, the present Civil Application stands disposed of. Rule is discharged.
(Rajesh H. Shukla,J) Jayanti* Top