1.0. Rule.
Shri Tushar Sheth, learned advocate waives service of notice of Rule on behalf of respondents-original defendants.
2.0. All these applications have been preferred by applicant-original appellant for interim relief to stay the further implementation, operation and execution of the impugned judgment and order passed by both the Courts below.
3.0. Having heard the learned advocates for the respective parties on interim relief and in the facts and circumstances of the case, execution, implementation and operation of the impugned judgment and order passed by both the Courts below are stayed on condition that the appellant-original applicant-original defendant deposited the entire decreetal amount together with interest and cost with the learned trial Court (which is reported to be deposited). As the decreetal amount is reported to be deposited, it is directed that 90% of the total amount deposited by the applicant shall be invested by learned trial Court in Fixed Deposits in the joint name of respondents herein-original plaintiffs initially for a period of five years on condition that there shall not be any loan or advance on the said Fixed Deposit and as and when the aforesaid Fixed Deposit is matured the same shall be re-invested till final disposal of the Second Appeals. However, the respondents-original claimants shall be entitled to periodical interest on the aforesaid Fixed Deposit, which shall be paid to respondent no.1 Manjulaben M Dabhi for and on behalf of original plaintiffs by Account Payee Cheque and on proper verification. Respondents are permitted to withdraw the balance amount of 10%, which the learned trial Court is directed to pay by Account Payee Cheque in the name of respondent no.1 Manjulaben M Dabhi for and on behalf of original plaintiffs on proper identification and verification. The learned trial Court is hereby directed to see that respondent no.1 is appraise about the amount which will be entitled by way of interest and balance 10% amount. Rule is made absolute to the aforesaid extent in each of the applications.
(M.R.SHAH,J.) kaushik Top