1. This petition involves issue regarding interpretation of the documents. The issue relating to the interpretation of the documents would also involve and raise question of law. Under the circumstances, this petition, though under Article 227 of the Constitution of India does not deserve to be disposed of on the ground that the learned Appellate Court has passed discretionary order at the interlocutory stage. Mr. Soni, learned advocate has submitted that the learned trial Court rightly construed the documents, however, the learned Appellate Court has erred in construing the documents, particularly, the sale deed. He further submits that even if two views were possible, the learned trial Court had adopted one of the views then the learned Appellate court ought not have intervened in appeal against interim order.
2. Considering the submission, issue NOTICE returnable on 11.7.2008. Direct service is permitted.
3. Mr.
Soni, learned advocate submits that the operation of the impugned order dated 18.6.2008 is suspended by the learned Appellate Court till today.
4. In view of the facts of the present case, said order passed by the learned Appellate court suspending order dated 18.6.2008, shall continue till then. Mr. Soni, learned advocate shall also produce on record copies of the documents referred to in the order and denied by the defendant before the learned trial Court and learned Appellate Court.
(K.M.THAKER, J.) ynvyas