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Gujarat High Court
Kumbhar vs Rabari on 23 March, 2011
Author: Bankim.N.Mehta,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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CA/2571/2011	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

CIVIL
APPLICATION - FOR STAY No. 2571 of 2011
 

In


 

SECOND
APPEAL No. 13 of 2011
 

 
 
=========================================================

 

KUMBHAR
JAYANTIBHAI SOMABHAI KACHRABHAI PRAJAPATI - Petitioner(s)
 

Versus
 

RABARI
SAHARBHAI LEELABHAI & 2 - Respondent(s)
 

=========================================================
 
Appearance
: 
MR
RAKESH R PATEL for
Petitioner(s) : 1, 
None for Respondent(s) : 1, 3, 
MR PS
CHAUDHARY for Respondent(s) :
2, 
=========================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE BANKIM.N.MEHTA
		
	

 

 
 


 

Date
: 23/03/2011 

 

 
ORAL
ORDER

Rule.

Service of rule is waived by learned advocate Ms. P.S. Chaudhary for
the opponents.

With
the consent of learned advocates for the parties, this application is
taken up for final hearing.

Heard
learned advocate Mr. D.C. Dave for learned advocate Mr. Rakesh Patel
for the applicant and learned advocate Mr. P.S. Chaudhary for the
opponents.

By
filing this application, the applicant – original appellant has
prayed to stay implementation and operation of the judgement and
decree passed by the first appellate Court during the pendency of the
Second Appeal.

Having
regard to the facts of the case and considering that the substantial
question of law arises for determination by this Court, Second Appeal
has been admitted. Therefore, the impugned order passed by the first
appellate Court is required to be stayed till final disposal of the
Second Appeal. Otherwise, the Second Appeal would become infructuous.

In
the result the application is allowed. The implementation and
operation of the judgement and decree passed by learned Presiding
Officer, 2nd Fast Track Court, Mehsana, in Regular Civil
Appeal No. 68 of 2009, on 14.5.2010 is stayed till the final disposal
of the Second Appeal. As regards the possession, it appears from the
findings recorded by the trial Court that the opponents are in
possession of the property in question. Therefore, the opponents are
directed to maintain status quo with regard to the possession till
final disposal of the Second Appeal.

(BANKIM N. MEHTA, J)

(pkn)

   

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