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SCA/15534/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 15534 of 2011
=========================================================
KANTILAL
HIRJIBHAI VISAVADIYA - Petitioner(s)
Versus
BHAGVANJI
MADHAVJI PESHAVARIYA & 3 - Respondent(s)
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Appearance
:
MR
VIVEK N MAPARA for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 18/10/2011
ORAL
ORDER
Heard
learned advocate Mr. VN Mapara for the petitioner.
He
submitted that under Order 41 Rule 5 Sub-Rule 3, the Appellate Court
was required to be satisfied that substantial loss is likely to
result to the respondent applying for stay of execution and that the
application has been made without unreasonable delay and the security
has been given for due performance of decree or order, which may
ultimately passed against them. He also submitted that the Appellate
Court has passed the impugned order without assigning any reason
ignoring the provision of law. He relied upon the decision in case
of Alekhya Ghosal Vs. Matri
Sangha Janakalyan Ashram reported in AIR 2001 Calcutta 19.
It
appears from the impugned order that the appellate Court has, while
issuing show cause notice, directed the respondent, present
petitioner to maintain status quo with respect to the disputed land
without assigning reasons.
In
view of the above, Rule returnable on 2/12/2011. Notice as to interim
relief returnable on 2/12/2011.
(BANKIM
N. MEHTA, J)
asma
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