Present Civil Application has been preferred applicants-original plaintiffs for interim relief to stay the further implementation and operation of the judgment and order passed by the learned Appellate Court. After making some submission and having realized that granting of interim relief as prayed for would tantamount to allowing Second Appeal without final hearing, Ms. Sunita Chaturvedi, learned advocate for the applicants does not press the present application. However, has requested to fix main Second Appeal for final hearing. In view of the above, present application is dismissed as not pressed. Considering the fact that main Second Appeal is of the year 2011 and even the paper book and printing is yet to be prepared, no order is passed at this stage for fixing the hearing of main Second Appeal. However, it will be open for the appellant to submit an appropriate application for fixing early date of hearing of main Second Appeal after the paper book and printing is supplied / prepared but such an application can be considered only after 30.6.2013.
(M.R.SHAH,J.) kaushik Top