Present Civil Application has been preferred by the applicants herein - original defendants for an appropriate interim relief staying further implementation and operation of the judgment and decree passed by both the Courts below and for directing the parties to maintain status-quo as regards the suit lands.
Having heard Shri Mehul Shah, learned advocate appearing on behalf of the applicants and Shri N.D. Nanavati, learned Senior Advocate appearing with Shri Y.J. Patel, learned advocate appearing on behalf of the contesting respondents and considering the order passed by the learned Single Judge dated 14.03.1997 in Appeal From Order No.360/1996 by which during the pendency of the suit, the land bearing survey No.671/1 admeasuring 7 acres and 13 gunthas was to be continued with respondent No.1 herein namely Anandiben Dabhi and remaining land was to be continued with the applicants herein and the said interim arrangement has been continued during the pendency of the suit as well as during the pendency of the Appeal before the Appellate Court and considering the fact that Appeal has been admitted, the parties are directed to maintain status-quo as on today. The said interim arrangement which has been provided in the order dated 14.03.1997 passed by the learned Single Judge in Appeal From Order No.360/1997 is ordered to be continued on same terms and conditions till final hearing of the main Second Appeal.
In the facts and circumstances of the case, Registry is directed to notify main Second Appeal for final hearing on 9th April 2012. Printing is dispensed with.
Rule is made absolute to the aforesaid extent. No costs.
(M.R.
Shah, J.) menon Top