[1.0] Present Civil Application has been preferred by the applicants herein - original appellants - original defendants for interim relief during the pendency of the Second Appeal to stay further implementation and operation of the judgment and order passed by both the Courts below.
[2.0] Having heard Shri Gandhi, learned advocate appearing on behalf of the applicants and Shri Bhaskar Tanna, learned Senior Advocate appearing on behalf of the contesting respondents and considering the fact that main Second Appeal is already admitted after raising substantial question of law and so as to see that Second Appeal does not become infructuous, ad-interim relief granted earlier by order dated 25.11.2011 is made absolute as Interim Relief till the final disposal of the main Second Appeal. At this stage Shri Tannar, learned Senior Advocate appearing on behalf of the original plaintiffs has requested to fix the main Second Appeal for final hearing considering the fact that main suit is of the year 2000 and despite the finding given by both the Courts below, he is not in a position to enjoy the fruits of litigation. He has stated at the Bar that he shall supply the paper-book within a period of 10 days from today. Under the circumstances and in the facts and circumstances of the case, Registry is directed to notify the main Second Appeal for final hearing on 02.05.2012. In the meantime Registry is directed to call for Record & Proceedings of the case from the trial Court so as to reach this Court on or before 30.04.2012. Rule is made absolute to the aforesaid extent. No costs.
(M.R.
Shah, J.) menon Top