1. RULE.
Shri Majmudar, learned advocate waives service of notice of rule on behalf of the respondent.
2. In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, the present application is taken up for final hearing today.
3. The present application has been preferred by the applicants-original defendants for interim relief to stay further execution, implementation and operation of the judgment and decree passed by the learned Principal Senior Civil Judge, Narmada at Rajpipla dated 08/03/2010 in Special Civil Suit No. 21/2007 as well as the impugned judgment and order passed by the learned Additional District Judge, Narmada at Rajpipla dated 17/10/2011 in Regular Civil Appeal No. 23/2011.
4 Having heard Shri Pranav Dave, learned AGP appearing on behalf of the applicants-original defendants and Shri Majmudar, learned advocate appearing on behalf of the respondent-original plaintiff and considering the fact that the main Second Appeal is already admitted after framing the substantial questions of law and as in the suit property the training institution is being run, in the facts and circumstances of the case, the execution, implementation and operation of the order passed by the learned Principal Senior Civil Judge, Narmada at Rajpipla dated 08/03/2010 in Special Civil Suit No. 21/2007 as well as the impugned judgment and order passed by the learned Additional District Judge, Narmada at Rajpipla dated 17/10/2011 in Regular Civil Appeal No. 23/2011 are hereby stayed till final disposal of the main Second Appeal.
5. With this, the present application is allowed. Rule is made absolute to the aforesaid extent. No cost.
(M.R.
SHAH, J.) siji Top