(Per : HONOURABLE MR.JUSTICE C.L. SONI)
1. RULE.
Learned advocate Mr. Raval waives service of Rule on behalf of the claimants.
2. The applicants have prayed for grant of stay against execution and implementation of the judgment and award dated 27.9.2010 passed by learned Principal Senior Civil Judge, Godhra in Land Reference Case No.65 of 2009.
3. Having considering the award passed by the Reference Court, we are inclined to grant conditional stay against execution and implementation of the impugned award passed by the Reference Court. Accordingly, on condition of deposit of the entire amount awarded by the Reference Court along with proportionate costs and interest, there shall be stay against execution, implementation and operation of the award passed by the Reference Court till the final disposal of the appeal. The amount shall be deposited by the applicants within six weeks from today.
4. On such deposit being made, the claimants shall be permitted to withdraw 50% of the amount and remaining 50% of the amount shall be deposited in Fixed Deposit Receipt in any nationalized bank initially for a period of five years, to be renewed from time to time till the appeal is finally heard and decided. The application stands allowed. Rule is made absolute accordingly.
(AKIL KURESHI, J.) (C.L.
SONI, J.) omkar Top