1. RULE.
Shri Harshad K. Patel, learned advocate waives service of notice of rule on behalf of the respondents.
2. In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, the present application is taken up for final hearing today.
3. The present application has been preferred by the applicant-original appellant for interim relief during pendency and final disposal of the main Second Appeal to stay further implementation, execution and operation of the judgment and decree dated 23/08/2011 passed by the learned Principal Senior Civil Judge, Narmada at Rajpipla in Regular Civil Suit (New) No. 139/2009 (Regular Civil Suit (Old) No. 34/1993 as well as the impugned judgment and order passed by the learned Additional District Judge, Narmada, Rajpipla dated 30/12/2011 in Regular Civil Appeal No. 37/2011.
4. Having heard the learned advocates appearing on behalf of the respective parties and considering the fact that the main Second Appeal is already admitted by framing substantial questions of law and if the interim relief as prayed for is not granted, Second Appeal would become infructuous, interim relief in terms of paragraph 7(b) is granted during pendency and final disposal of the main Second Appeal.
5. With this, the present application is allowed. Rule is made absolute accordingly. No cost.
(M.R.
SHAH, J.) siji Top