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CA/10262/2009 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 10262 of 2009
In
SECOND
APPEAL No. 254 of 2009
=========================================
STATE
OF GUJARAT & 2 - Petitioner(s)
Versus
RABARI
SAHARBHAI HARIBHAI - Respondent(s)
=========================================
Appearance :
Mr
H. K Patel Asstt. GOVERNMENT
PLEADER for
Petitioner(s) : 1 - 3.
MR MG NAGARKAR for Respondent(s) : 1,
MR
HARSHADRAY A DAVE for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 27/10/2010
ORAL
ORDER
Heard
learned Assistant Government Pleader Mr Patel and learned advocate
Mr Dave for the applicant.
It
appears that according to the applicants the opponent is an
encroacher. It also appears that Courts below on appreciation of
evidence passed a decree in favour of opponent which is confirmed by
the First Appellate Court. By this application the applicants have
sought stay of operation and execution of the judgment and decree
passed by the Courts below. If the prayer as made in the application
is granted it would amount to deciding the Second Appeal without
effective hearing and therefore the prayer made in the application
cannot be granted.
It
is also stated by learned advocate Mr Dave under instructions that
opponent is in possession of the property in question and shall not
in any manner part with possession thereof during the pendency of
the Second Appeal.
In
view of the above statement being made and in the facts and
circumstances of the case, this application stands dismissed,
however, the opponent shall not part with the possession of the
property in question during the pendency of the Second Appeal .
Civil
Application stands disposed of.
(B.N.Mehta,J.)
mary//
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