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CA/2536/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 2536 of 2011
In
FIRST APPEAL No. 2521 of 2009
To
CIVIL
APPLICATION - FOR STAY No. 2550 of 2011
In
FIRST APPEAL No. 2535 of 2009
=========================================================
SPECIAL
LAND ACQUISITION OFFICER & 1 - Petitioner(s)
Versus
PATEL
AMBALAL BECHARDAS - Respondent(s)
=========================================================
Appearance
:
MS.
MOXA THAKKAR LD. AGPfor Petitioner(s) : 1 - 2.
MR KM SHETH for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MS.JUSTICE B.M.TRIVEDI
Date
: 04/03/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
1. Rule.
Mr. K.M. Sheth learned advocate appears for the original claimants in
all the applications and waives service of rule.
2. All
the applications are for interim injunction, pending the First
Appeals, against the execution and implementation of the judgment and
award passed by the Reference Court, which is impugned in the
concerned First Appeal.
3. Considering
the facts and circumstances, there shall be interim injunction
against the execution and implementation of the judgment and award
passed by the Reference Court, on condition that the applicant
deposits the entire amount together with interest and costs, within
four weeks from today with the Reference Court.
4. We
have heard Ms. Thakkar learned AGP appearing for the applicant and
Mr. Sheth learned advocate appearing for the opponent, for interim
relief.
5. Considering
the facts and circumstances, out of the amount which may be deposited
by the applicant, the original claimants shall be permitted to
withdraw 50% of the amount and the remaining 50% amount shall be
invested by the Reference Court in Nationalised Bank, initially for a
period of three years, and the said investment shall be renewed from
time to time, till the final disposal of the First Appeals. The
original F.D.R. shall remain in the custody of the Nazir of the
Reference Court.
6. All
applications are disposed of accordingly.
(JAYANT
PATEL, J.)
(Ms.
B.M. TRIVEDI, J.)
mandora/
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