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CA/10362/2009 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 10362 of 2009
In
SECOND
APPEAL No. 256 of 2009
With
CIVIL
APPLICATION No. 1994 of 2010
In
CIVIL APPLICATION No. 10362 of 2009
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 ?
======================================
A
A MANSURI - Petitioner
Versus
STATE
OF GUJARAT & 3 - Respondents
======================================
Appearance
:
MR
PRASHANT DESAI FOR MR MRUGEN K PUROHIT for the Petitioner.
MR
NEERAJ SONI, AGP for the
Respondents.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 03/03/2010
ORAL
JUDGMENT
1. Heard
Mr.Prashant Desai, learned advocate for Mr.Mrugen Purohit, learned
advocate appearing on behalf of the applicant- original appellant
plaintiff and Mr.Neeraj Soni, learned Assistant Government Pleader
appearing on behalf of the State and other respondents.
2. Civil
Application No.10362 of 2009 has been preferred by the applicant
original appellant of Second Appeal No.256 of 2009 to stay the
implementation and execution of the judgement and decree passed by
both the Courts below and to restrain the respondents from taking
coercive steps against the applicant and to permit the applicant to
continue with the business and ownership of control shop till final
hearing and disposal of the Second Appeal.
3.
Civil Application No.1994 of 2010 has been preferred by the
applicants original respondents to vacate the interim relief
granted by this Court in Civil Application No.10362 of 2009 on
03/02/2010.
4. In
the facts and circumstances of the case and considering the fact that
main Second Appeal is already admitted, ad-interim relief granted
earlier in Civil Application No.10362 of 2009, which came to be
extended from time to time is hereby directed to be continued till
final disposal of the Second Appeal. However, in the facts and
circumstances of the case and with the consent of learned advocates
appearing on behalf of the respective parties, Registry is directed
to notify Second Appeal No.256 of 2009 for final hearing on
10/03/2010 in the first board. Appellant to supply paper-book on or
before 09/03/2010. With this, Civil Application No.10362 of 2009 is
disposed of. Rule is made absolute to the aforesaid extent. No costs.
4. In
view of the aforesaid order passed in Civil Application No.10362 of
2009, no order in Civil Application No.1994 of 2010 and the same is
also disposed of accordingly.
[M.R.SHAH,J]
*dipti
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