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CA/3098/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 3098 of 2011
In
SECOND
APPEAL No. 59 of 2011
=========================================================
AMRUBA
WD/O ATUBHAI DADABHAI - Petitioner(s)
Versus
VASTABHAI
KAKLUBAHI - Respondent(s)
=========================================================
Appearance
:
MR
UTPAL M PANCHAL for
Petitioner(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6, 1.2.7,
1.2.8, 1.3.1, 1.3.2, 1.3.3, 1.3.4,1.3.5
MR VISHWAS S DAVE for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 16/03/2011
ORAL
ORDER
Rule.
Learned advocate Mr. VS Dave waives service of notice of Rule for
the respondent.
With
the consent of learned advocates for the parties, this application is
taken up for hearing today.
Having
regard to the facts of the case, it emerges that preliminary decree
for partition has been passed and this Court has admitted the second
appeal as substantial question of law arises for determination by
this Court. Therefore, the impugned judgment and order of the first
appellate Court is required to be stayed till hearing and final
disposal of the second appeal, as refusal would amount to dismissing
the appeal before effective hearing.
Hence,
the operation, implementation and execution of the judgment and
decree dated 18.8.2009 passed by the learned Additional District
Judge and Presiding Officer, Bhavnagar at Mahuva in Regular Civil
Appeal No.27 of 2006 is stayed till hearing and final disposal of the
second appeal. Rule is made absolute with no order as to costs.
(BANKIM.N.MEHTA,
J.)
shekhar/-
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