Rule.
Learned counsel, Ms.Maya Desai appears and waives service of notice of rule for respondent.
The present Civil Application has been filed by the applicants for the grant of stay of operation of the impugned judgment and order passed in Special Civil Suit No.39 of 1999 by the 10th Additional Senior Civil Judge, Jungadh dated 26.03.2007 on the grounds stated in the application inter alia that entire amount of Rs.7.00 lacs has been deposited as per the interim order passed earlier.
Heard learned counsel, Mr.H.V. Champavat appearing for learned counsel, Mr.R.J. Goswami for the applicants and learned counsel, Ms.Maya Desai for the respondent, who has resisted the present application.
It is required to be mentioned that as per the order passed earlier by this Court (Coram : K.S. Jhaveri, J.) dated 21.07.2008, interim relief was granted on a condition of depositing the decreetal amount, which was admittedly not deposited till May, 2011 as only Rs.5.00 lacs were deposited and the remaining amount was not deposited. Therefore, Civil Application No.1998 of 2011 was filed and this Court (Coram : Bela Trivedi, J.) vide order dated 11.05.2011 granted one chance to comply with the earlier order by depositing earlier amount with interest on or before 16.06.2011. It was also clarified that if the amount is not deposited, the interim relief shall get vacated. It is this conditional order, which has led to filing of the present application as the remaining amount has not been deposited admittedly and, thereafter, it has been deposited on 12.11.2011, 15.11.2011 & 03.12.2011. However, as the entire amount has been deposited, the aspect of interest is required to be considered, which can be considered. However, the applicant is also required to put to some condition for such lethargy.
In the circumstances, the interim relief, which has been granted earlier, is directed to continue till final disposal of the aforesaid First Appeal on a condition that, Rs.50,000/- shall be deposited forthwith and remaining amount of Rs.50,000/- shall be deposited within one month. The applicant shall also file an undertaking before this Court declaring the abovesaid condition and compliance therefore and it is only thereafter, writ shall be issued.
With the above observations and directions, the present application stands allowed. Rule is made absolute.
(RAJESH H.SHUKLA, J.) /patil Top