1.0. Rule.
Shri Mehul Sharad Shah, learned advocate waives service of notice of Rule on behalf of the contesting respondent nos. 3 and 4 and Shri R.G.Chaudhary, learned advocate waives service of notice of Rule on behalf of respondent no.1.
2.0. Present Civil Application has been preferred by the applicant herein-original plaintiff to stay the execution, operation and implementation of the impugned judgment and order passed by the learned Additional District Judge, Morbi dated 5.9.2011 passed in Regular Civil Appeal No.36 of 2006.
3.0. That the applicant herein-original plaintiff instituted Special Civil Suit No. 153 of 1993 (New Special Civil Suit No.14 of 2001). That the learned Trial Court by impugned judgment and decree dated 25.9.2006 decreed the said suit. Being aggrieved and dissatisfied with the judgment and decree passed by the learned trial Court, respondent no.1 herein preferred Regular Civil Appeal No.36 of 2006, which came to be allowed by the learned Appellate Court by impugned judgment and order and the learned Appellate Court quashed and set aside the judgment and decree passed by the learned trial Court and remanded the matter to the learned trial Court. Being aggrieved and dissatisfied with the impugned judgment and order passed by the learned Appellate Court in remanding the matter to the learned trial Court, the appellant herein-original plaintiff has preferred present Second Appeal, which has been admitted by this Court.
4.0. Having heard the learned advocates for the respective parties and considering the fact that main Second Appeal is admitted and in the meantime the learned trial Court may not proceed further with the hearing of the suit as per the order of remand passed by the learned Appellate Court, by way of interim relief the judgment and order passed by the learned Additional District Judge, Morbi dated 5.9.2011 passed in Regular Civil Appeal No.36 of 2006 is hereby stayed. By way of interim relief, the further proceedings of the Special Civil Suit No.14 of 2001 pursuant to the order of remand (which has been stayed) are also stayed during the pendency and final disposal of the main Second Appeal. In the facts and circumstances of the case and with the consent of the learned advocates for the respective parties, Registry is directed to notify the main Second Appeal for final hearing on 28th March 2012. Paper book and printing is dispensed with.
( M. R. Shah, J. ) "kaushik"
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