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Chinabhai Bhikhabhai vs State Of Gujarat &

High Court Of Gujarat|19 September, 2013
1. Heard learned advocate appearing for the respective parties.
2. Learned advocate Mr.Patel and learned advocate Mr.Amin for the applicants have drawn attention of the Court to Annexure-A & B and pray for disbursement of the amount in favour of the applicants. On perusal of the same, it appears that State has deposited the decreetal amount before the learned trial court.
In view of the above, the learned trial court is directed to disburse 50% of the deposited amount to each of the claimants by A/c. payee cheque in the their name, after proper verification and remaining 50% shall be invested in the FDR in the name of Nazir, initially for a period of one year and shall be renewed from time to time till the final disposal of the first appeals.
It is pointed out by learned advocates for the applicants that present appeals are covered up by earlier judgments of this Hon ble Court.
5. Learned AGP Mr.Hajare for the respondents has drawn the attention of the Court that execution petitions filed by the claimants are pending before the learned trial court.
6. Since the State has already deposited the decreetal amount, the execution petitions have virtually become infrucutuous. Therefore, it is not necessary to pass any order in that regard.
7. Present Civil Applications are allowed accordingly. Rule is made absolute in each civil application to the aforesaid extent.
8. At the request of learned advocates, the main first appeals are ordered to be listed for final hearing in the week commencing from 11.11.2013.
(R.D.KOTHARI, J.) vipul Page 3 of 3
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