Gujarat High Court Case Information System Print CA/740/2004 2/ 2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION - FOR STAY No. 740 of 2004 In SECOND APPEAL No. 5 of 2004 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================= STATE OF GUJARAT - Applicant(s) Versus NOORMOHMED YUSUFBHAI - Opponent(s) ========================================= Appearance : MR NEERAJ SONI, AGP for Applicant(s) : 1, RULE SERVED for Opponent(s) : 1, ========================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 13/07/2010 ORAL JUDGMENT
1. The
present application has been preferred by the applicant for an
interim order during pendency and final disposal of the main Second
Appeal to stay further execution, implementation of the impugned
judgement and order dated 04/02/2003 passed by the learned Joint
District Judge, 7th Fast Track Court, Junagadh in Regular
Civil Appeal No. 90/1998.
2. It
is to be noted that vide order dated 22/06/2004, the learned Single
Judge has passed an order to continue the ad-interim relief granted
earlier till further orders and the said order has been continued
till date.
3. In
view of the above and more particularly when the Second Appeal is
already admitted and pending for final disposal and considering the
fact that the ad-interim relief granted earlier has been continued
till further orders, ad-interim relief granted earlier is directed to
be continued till final disposal of the main Second Appeal.
4. With
this, the present application is allowed. Rule is made absolute to
the aforesaid extent. No cost.
(M.R.
SHAH, J.)
siji
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