(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) The present application is for interim injunction pending the First Appeal. This Court on 14.10.2010, had passed the following order:
"After some arguments, learned counsel appearing for both the sides agree on the point that if the property is sold, either through Court Commissioner or through some authorised person over whom there is some supervision, and if 50% of the consideration for which the claim is made by the appellant is deposited in the Court and the remaining 50% of the amount is permitted to appropriated by the respondent, their respective clients would agree for such proposal. However, learned counsel appearing for both the sides wants some time to find out the modalities.
Hence S.O. to 19th October 2010. The interim injunction granted by the trial Court shall continue till further orders."
Mr.Joshi, learned counsel appearing for the respondent states that his client is not agreeable for the suggestion which has been recorded.
In above view of the matter, even if the merits of the case are considered, it does appear that the property stands in the joint name and therefore, until the question is finalised, if the property is disposed of or any third party interest is created over the property, it would create irreversible position. Hence, by interim injunction it is directed that the status quo qua title, possession and construction of the property shall be maintained and no third party interest shall be created until final disposal of the appeal.
Civil Application disposed of accordingly.
(JAYANT PATEL, J.) (H.
B. ANTANI, J.) *bjoy Top