This application has been restored by our order passed today in Misc. Civil Application No. 3260 of 2012. Since Mr. M.R. Bhatt, the learned advocate appearing on behalf of the petitioner is ready, we propose to hear out the application here and now.
This is an application under Article 227 of the Constitution of India and is directed against an order of the executing Court, directing the judgment-debtor to deposit the balance amount of money dues within a week from the date of passing of the order. It further appears that at the time of entertaining this application, this Court passed an interim order, but subsequently, by order dated November 26, 1992, the interim order had been vacated. After taking into consideration the fact that against the decree, an appeal was preferred and the same had also been dismissed and at the same time, interim order already stood vacated, we find that this application has become infructuous. It is not the case of Mr. Bhatt that any further appeal has been filed before higher forum. We consequently dismiss this application. Rule is discharged. No costs.
(BHASKAR BHATTACHARYA,CJ) (J.B.PARDIWALA, J.) pirzada/-