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CA/274/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 274 of 2011
In
FIRST
APPEAL No. 68 of 2011
=========================================
UKA
PABA PARMAR & 1
Versus
MANJULABEN
JAYANTILAL PARMAR & 1
=========================================
Appearance
:
MR MANOJ SHRIMALI for
Applicants
NOTICE SERVED for Respondent(s) : 1,
MR DR BHATT for
Respondent(s) : 2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 31/03/2011
ORAL
ORDER
Heard
Mr.Manoj Shrimali, learned counsel for the applicants and Mr.D. R.
Bhatt, learned counsel for the respondent No.2. None appeared for
respondent No.1.
Pursuant
to the impugned judgment and decree rendered by the trial Court, out
of the amount of Rs.5,04,178 deposited by the respondent No.2 before
the trial Court, the trial Court directed that 50% of the amount
i.e. Rs.2,52,089 shall be payable to respondent No.1 –
Manjuben Jayantilal Parmar and rest of 50% of the amount i.e.
Rs.2,52,089 was to be payable to applicant No.2 – Ramiben
Ukabhai Parmar. Mr.Manoj Shrimali, learned counsel for the
applicants submits that neither the applicant No.2 nor the
respondent No.1 has withdrawn their share from the trial Court.
In
light of the above situation, the concerned Civil Court is directed
to invest the entire amount i.e. Rs.5,04,178 in any National Bank
initially for the period of three years, which period shall be
extended at the interval of every year till the main appeal is
finally decided. It is hereby further directed that out of the
amount so deposited in the fixed deposit in any Nationalize Bank,
the applicant No.2 shall be entitled to recover the periodical
interest of the amount out of her share so deposited i.e.
Rs.2,52,089. Likewise, the respondent No.1 shall also be entitled to
recover the periodical interest of the amount out of her share so
deposited i.e. Rs.2,52,089 to be deposited by the concerned Civil
Court in fixed deposit in any Nationalize Bank.
Accordingly
on the above condition, the execution, implementation and operation
of the impugned order dated 23.09.2010 passed by the learned
Principal Senior Civil Judge, Khambhalia in Special Civil Suit No.31
of 2008 is stayed till the pendency and final disposal of the
appeal.
The
application stands disposed of. Direct service is permitted.
[
J. C. UPADHYAYA, J. ]
vijay
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