1. The present Civil Application has been preferred by the applicant herein
- appellant - original plaintiff for interim relief in the following terms :
"4(B) Be pleased to grant any stay against execution, implementation and operation of the judgment and decree dated 12.5.2011 passed by the learned 6th (Ad-hoc) Additional District Judge, Junagadh in Regular Civil Appeal No.34 of 2005 and grant injunction restraining the opponents from entering the suit land, interfering with the possession of the applicant of the suit land and from transferring or in any manner alienating the suit land or creating the third party rights of any nature and grant interim direction to the opponents to maintain the status quo in respect of the suit land till the Second Appeal filed by the applicant is finally heard and decided;"
2. It is reported that during the pendency of the appeal, the Appellate Court passed interim relief below Exh-7 in Regular Civil Appeal No.34 of 2005 and original defendant Nos.2 and 3 in Special Civil Suit No.10 of 2007 were appointed as Receivers with certain conditions. It is reported that the said order came to be challenged by original defendant Nos.2 and 3 - appellants of Regular Civil Appeal No.34 of 2005 before this Court by way of Special Civil Application No.4528 of 2007 and learned Single Judge [D.N.Patel,J (as the then)] vide order dated 26/06/2007 dismissed the said Special Civil Application confirming the order dated 12/05/2006 passed by learned Appellate Court below Exh-7 in Regular Civil Appeal No.34 of 2005, by which, original defendant Nos.2 and 3 were appointed as Receivers upon certain terms and conditions including that half of the yield from the property in question to be deposited at the end of every six months, without deducting expenditure. It is reported that during the pendency of the appeal before Appellate Court, interim relief passed below Exh.7 was continued. It is reported that in the meantime, original defendant Nos.2 and 3 have sold the disputed land in question in favour of respondent No.4 herein - original defendant No.4 in appeal. Under the circumstances, as such respondent No.4 herein would be in sue of original defendant Nos.2 and 3.
3. Under the circumstances, by way of interim relief it is hereby directed to continue interim relief, which was granted by learned Appellate Court vide order dated 12/05/2006 below Exh-7 in Regular Civil Appeal No.34 of 2005 with modification that instead of original defendant Nos.2 and 3, subsequent purchaser - respondent No.4 herein shall act as an Receiver and the said interim arrangement shall be continued on the same terms and conditions as mentioned in the order dated 12/05/2006 passed by learned Appellate Court below Exh-7 in Regular Civil Appeal No.34 of 2005, to be complied with by the respective parties including respondent No.4 herein - subsequent purchaser. So as to see that further complication may not arise and third party right may not arise. Respondent No.4 herein - original defendant No.4 in Regular Civil Appeal No.34 of 2005 is hereby restrained from further alienating, transferring the suit property in question. Rule is made absolute accordingly.
[M.R.SHAH,J] *dipti Top