(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) Rule.
As per the order passed by this Court today in Civil Application No.3876/12, the legal heirs of the original opponent Rabari Lalabhai Vershibhai are permitted to be on record. Mr. K.M. Sheth appears for the legal heirs and waives notice of Rule.
The present application is for interim injunction pending the First Appeal against the judgment and award passed by the reference court which is impugned in the First Appeal.
Considering the facts and circumstances, there shall be interim injunction against the operation and implementation of the judgment and award passed by the reference court on the condition that the applicant deposits the entire awarded amount together with the interest and costs with the reference court within a period of eight weeks from today.
We have also heard the learned counsel appearing for both the sides on the aspects of withdrawal. Considering the facts and circumstances, it is ordered that out of the amount which may be deposited, the opponents who are legal heirs of Rabari Lalabhai Vershibhai shall be permitted to withdraw 50% of the amount and the remaining 50% of the amount shall be invested by the reference court with the nationalised bank initially for a period of 3 years and such investment shall be renewed from time to time until the first appeals are finally disposed of. The original FDR of investment shall be retained by the reference court.
Application is allowed to the aforesaid extent. Rule made absolute accordingly.
(JAYANT PATEL, J.) (C.L.
SONI, J.) *bjoy Top