1. Rule. Mr. Amit Thakkar waives service of rule on behalf of opponent.
2. Heard Mr. K.B. Pujara for the applicant and Mr. Amit Thakkar for the opponent.
3. By way of present civil revision application, the original appellant in Regular Civil Appeal No. 204 of 2012 which is pending in the Court of Principal District Judge, Surat has challenged the order dated 2.5.2012 passed below Exh. 5, by which, the Learned Principal District Judge has rejected the application below Exh.5, which has been filed to stay the execution of the decree passed by the Learned Small Cause Judge, Surat in Small Cause Suit No. 108 of 2000.
4. I am of the opinion that when the appeal is kept for hearing, the Learned Principal District Judge ought to have granted stay on the execution of decree by imposing certain conditions looking to the balance of convenience of the parties, otherwise the exercise of hearing the appeal of the appellate company becomes a futile one.
5. I am of the view when appeal is yet to be finally heard, if the appellant company is directed to deposit decreetal amount as decided by the Learned Small Cause Court, interim relief during the pendency of appeal as far as the possession of the property is concerned, can be considered.
6. Therefore, the appellant company is directed to deposit the decreetal amount as per the judgement and decree passed by the Learned Small Cause Court in Rent Suit No. 108 of 2000 within a period of four weeks from today and shall deposit the monthly rental amount in the Court of Principal District Judge, Surat in the proceedings of Regular Civil Appeal No. 204 of 2012 till disposal of the appeal. The Opponent – respondent is permitted to withdraw the decreetal amount subject to the result of the appeal. The Opponent – respondent is permitted to withdraw the amount, which in future the applicant shall deposit before the Appellate Court as monthly rent.
7. This Civil Revision Application has been decided only with regard to the interim relief, which has been rejected by the Appellate Court.
8. In view of the aforesaid, the present civil revision application is allowed. The order passed by the Learned Principal District Judge, Surat in Regular Civil Appeal No. 204 of 2012 below Exh. 5 dated 2.5.2012 is hereby quashed and set aside and the parties are directed to maintain status quo with regard to possession of the property with the aforesaid condition till the final hearing of appeal. Rule made absolute.
(A.J.DESAI, J.) *kazi