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CA/740/2004 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 740 of 2004
In
SECOND
APPEAL No. 5 of 2004
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================
STATE
OF GUJARAT - Applicant(s)
Versus
NOORMOHMED
YUSUFBHAI - Opponent(s)
=========================================
Appearance :
MR
NEERAJ SONI, AGP for
Applicant(s) : 1,
RULE SERVED for Opponent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 13/07/2010
ORAL
JUDGMENT
1. The
present application has been preferred by the applicant for an
interim order during pendency and final disposal of the main Second
Appeal to stay further execution, implementation of the impugned
judgement and order dated 04/02/2003 passed by the learned Joint
District Judge, 7th Fast Track Court, Junagadh in Regular
Civil Appeal No. 90/1998.
2. It
is to be noted that vide order dated 22/06/2004, the learned Single
Judge has passed an order to continue the ad-interim relief granted
earlier till further orders and the said order has been continued
till date.
3. In
view of the above and more particularly when the Second Appeal is
already admitted and pending for final disposal and considering the
fact that the ad-interim relief granted earlier has been continued
till further orders, ad-interim relief granted earlier is directed to
be continued till final disposal of the main Second Appeal.
4. With
this, the present application is allowed. Rule is made absolute to
the aforesaid extent. No cost.
(M.R.
SHAH, J.)
siji
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