1. The present Civil Application has been preferred by the applicant-original appellant for interim relief to stay further execution, implementation and operation of the impugned judgment and decree passed by the learned Principal Senior Civil Judge, Kachchh at Bhuj dated 21/11/2006 in Special Civil Suit No. 32/1998 as well as the impugned judgment and order dated 18/02/2008 passed by the learned Additional District Judge & Presiding Officer, Fast Track Court No. 1, Kachchh at Bhuj in Regular Civil Suit No. 77/2006.
2. Having heard Shri Dave, learned advocate appearing for Shri B.Y. Mankad, learned advocate appearing on behalf of the applicant and Shri Suresh M Shah, learned advocate appearing on behalf of the respondent-original plaintiff and considering the fact that the main Second Appeal is already admitted after framing the substantial question of law and considering the fact that till date the impugned orders are not sought to be executed in view of the statement made by the learned advocate appearing on behalf of the respondent earlier and even otherwise, so as to see that the Second Appeal does not become infructuous, there shall be interim relief in terms of paragraph 4(a) till final disposal of the main Second Appeal. The present application is allowed. Rule is made absolute accordingly.
3. In the facts and circumstances of the case, Registry is directed to notify the main Second Appeal for final hearing on 18/06/2012.
(M.R.
SHAH, J.) siji Top