1.0. Present Civil Application has been preferred by the applicants-original appellants -original third party (who were permitted to prefer the appeal by the lower appellate Court after granting leave) for interim relief to stay the execution, implementation and operation of the judgment and decree passed by the learned 3rd Civil Judge (S.D.), Palanpur in Regular Civil Suit No.248 of 1997 dated 17.1.1998 in which learned trial Court granting the decree for specific performance of the agreement against the original defendant no.2.
2.0. Shri Ajmera learned advocate for the applicants has submitted that as such learned Appellate Court had granted the stay of further implementation of the order passed by the learned trial Court and same has been continued till date. It is further submitted that as such the applicants are in possession of the disputed property in question and therefore, if the interim relief is not granted appeal will become infructuous and therefore, multiplicity of proceedings and even third party rights may be created.
2.0. Shri S.M. Shah, learned advocate for the original plaintiffs has submitted that as such judgment and decree passed by the learned trial Court has been implemented as the Court Commissioner has executed the sale deed in favour of the plaintiffs pursuant to the judgment and decree of specific performance of the agreement to sell, passed by the learned trial Court. Therefore, it is submitted that present Civil Application has become infructuous and no further interim order is required to be passed.
3.0. Shri Ajmera, learned advocate for the applicants has submitted that as such Court Commissioner who is alleged to have executed sale deed in favour of the plaintiffs pursuant to the judgment and decree passed by the learned trial Court has executed the sale deed on behalf of dead person i.e. original defendant no.2 who has died during the pendency of the suit and therefore, the same is nullity. He has also requested to pass interim order to stay further execution and implementation of the judgment and decree passed by the learned trial Court confirmed by the learned Appellate Court and directed the parties to maintain status quo.
4.0. Having heard the learned advocates for the respective parties and it prima facie appears to the Court that Civil Application for interim relief deserves to be considered in detail and even consequence of the sale deed executed by the Court Commissioner pursuant to the judgment and decree passed by the learned trial Court executed on behalf of the dead person -original defendant no.2 deserves consideration in detail. Hence, Rule returnable on 1.8.2012. Ad-interim relief granted earlier to continue and by way of interim relief it is directed that further implementation, operation and execution of the judgment and decree passed by the learned trial Court confirmed by the learned Appellate Court is hereby stayed and parties are directed to maintain status quo with respect to the possession, title etc. ( M. R. Shah, J. ) "kaushik"
Top