Leave to amend the prayer clause.
Present Civil Application has been preferred by the applicant herein-original appellant -original plaintiff for appropriate interim order to stay the implementation, operation and execution of the impugned judgment and order dated 8.7.2011 passed by the learned Appellate Court passed in Regular Civil Appeal No. 6 of 2010 as well as judgment and decree dated 26.2.2010 passed in Special Civil Suit No.341 of 2006, during the pendency and final disposal of the Second Appeal. It is also prayed by way of interim relief to direct the parties to maintain status quo which was continued during the pendency of the suit as well as appeal which has been directed to be continued till then.
Having heard Shri Patel, learned advocate for the applicant and Shri P.M. Lakhani, learned advocate for the contesting respondents -subsequent purchasers and Shri A.M. Parekh, learned advocate for the original land owners and considering the fact that Second Appeal is already admitted by the learned Single Judge after framing the substantial question of law and so as to see that main Second Appeal does not become infructuous and third party rights are not created and the order of status quo has been continued during the pendency of the suit as well as appeal, by way of interim relief all the parties to the proceedings are directed to maintain status quo with respect to the possession, title etc. As the suit has been dismissed and same has been confirmed by the learned Appellate Court, interim relief which is sought to stay the implementation, operation and execution of the order passed by both the Courts below cannot be granted. Rule is made absolute to the aforesaid extent by directing the parties to maintain status quo as stated above. No costs.
( M. R. Shah, J. ) "kaushik"
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