(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. Rule.
Learned counsel appearing for the respondents waive service. After disposal of the Letters Patent Appeal on 17.1.2012 and grant of extension by fifteen days of interim relief, which was operating at that time, the applicant has sought further extension of interim relief by three weeks. It was submitted by learned counsel, Mr.Modi, that not only that the applicant has paid more than the original amount of loan, a proceeding in respect of the auction sale in question is pending before learned Cooperative Tribunal by way of Revision Application No.123 of 2011, wherein the applicant has made application for interim relief. He further submitted that the applicant has proposed to approach the higher forum to challenge order dated 17.1.2012 of this Court in Letters Patent Appeal No.40 of 2012 and necessary translations are being prepared. He on that basis submitted that the applicant requires further time of three weeks to make his efforts to save the property in question in which the applicant is actually residing with his family.
2. Learned counsel, Mr.J.T.Trivedi, appearing for respondent no.1 and learned counsel, Mr.Barot, appearing for respondent no.2 have vehemently opposed grant of any relief to the applicant in view of prolonged unsuccessful litigations initiated by the applicant and in view of the losses and expenses suffered by the respondents.
3. Having regard to the facts and circumstances, it appears that proposed proceedings of the applicant would become infructuous if his opportunity to approach the other legal forum is taken away and if he has to immediately vacate the premises in which he is living. In view of further submission of learned counsel, Mr.Modi that, without prejudice to his rights and contentions, the applicant is still prepared to pay the remaining amount of dues to respondent no.1 bank if some further time were granted to make necessary arrangement, this Court would be justified in extending the interim relief for a limited period, which interim relief had operated during the pendency of the proceedings before this Court. Therefore, the application is partly allowed with the direction that interim relief granted in original petition, i.e. Special Civil Application No.803 of 2010, shall stand further extended till 21st February 2012. Rule is made absolute with no order as to costs.
(D.H.Waghela, J.) (N.V.Anjaria, J.) *malek Top