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CA/2142/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 2142 of 2010
In
FIRST
APPEAL No. 397 of 2010
=========================================================
RAMESHBHAI
PARASHOTTAMBHAI & 2 - Petitioner(s)
Versus
BHAVIK
MOHANBHAI & 8 - Respondent(s)
=========================================================
Appearance
:
MS
TRUSHA K PATEL for
Petitioner(s) : 1 - 3.
MR BS PATEL for Respondent(s) :
1,
MRNISARGNTRIVEDI for Respondent(s) : 2 - 8.
RULE SERVED for
Respondent(s) :
9,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 13/08/2010
ORAL
ORDER
Heard
learned counsel for the petitioners, Ms.Trusha K.Patel and
Mr.B.S.Patel for the respondent No.1.
It
is submitted by Ms.Trusha Patel that the interim relief granted
earlier may be confirmed and this civil application may be allowed.
It
is however vehemently argued by Mr.B.S.Patel that during the
pendency of the suit, as far as injunction application (Ex.5) is
concerned, it was never heard and was not decided on merits.
However, it appears from the order passed below application Ex.208
which was submitted by the original plaintiff after deciding the
suit on merits on 29-1-2010 for suspending the order passed by the
court below that though the learned counsel for the otherside has
raised objection, no contention was raised by the learned advocate
of the defendant when said order was passed whereby the trial court
passed the order to maintain status quo for 30 days and after filing
of the appeal, this Court (Coram: H.K.Rathod,J.) vide order dated
24-2-2010 passed in First Appeal No.397 of 2010 with Civil
Application No.2142 of 2010 extended the same and which was being
extended from time to time. Prima facie, it seems that during the
pendency of the suit, order of status quo was in force and after
deciding the suit also, till date, this order is in force and hence,
this application is allowed and interim relief granted earlier is
confirmed. Rule is made absolute.
Both
the learned counsel for the parties shall provide the paper book so
that the First Appeal can be fixed for final hearing. Office is
directed to list First Appeal on the board for final hearing on
8-9-2010 in a separate board. Office shall also call for the record
and proceedings from the trial court so as to reach this Court on
7-9-2010.
(M.D.SHAH,J.)
radhan
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