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CA/14907/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 14907 of 2007
in
SECOND
APPEAL No.221 of 2007
=========================================================
THE
STATE OF GUJARAT THRO' CHIEF SECRETARY & 1 - Petitioner(s)
Versus
BACHUBHAI
RAMJIBHAI THROUGH HEIR - Respondent(s)
=========================================================
Appearance
:
MR
SUNIT S SHAH, GOVERNMENT PLEADER for
Petitioner(s) : 1 - 2.
NOTICE SERVED BY DS for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE R.H.SHUKLA
Date
: 07/03/2008
ORAL
ORDER
Rule.
Learned advocate Mr. Jayesh Kotecha waives service for the
respondent.
2. Heard
learned Government Pleader Mr. Shah for the applicants and Mr.
Kotecha for the respondent.
3. The
present Civil Application has been filed for stay of decree in
Regular Civil Suit No.186 of 1990 as well as judgment and order
passed in Regular Civil Appeal No.123 of 2005 confirming the judgment
passed in Regular Civil Suit No.186 of 1990 and also stay of further
proceedings of Special Darkhast No.35 of 1997 including Exh.50 in the
aforesaid Special Darkhast No.35 of 1997.
4. In
view of admission of the Second Appeal for consideration of
substantial questions of law posed therein, interim relief in terms
of para 5(A) and 5(B) is hereby granted. Accordingly, the judgment
and order in Regular Civil Suit No.186 of 1990 as well as judgment
and order passed in Regular Civil Appeal No.123 of 2005 confirming
the judgment passed in Regular Civil Suit No.186 of 1990 and further
proceedings of Special Darkhast No.35 of 1997 including Exh.50 in the
aforesaid Special Darkhast No.35 of 1997 is hereby stayed till final
hearing and disposal of the Second Appeal. However, it is clarified
that the amount of Rs.15,000/- as ex-gratia payment by way of
Government Resolution/policy shall be paid, if not already paid,
without prejudice to the rights of the parties. The application is
allowed accordingly. Rule made absolute accordingly.
(
R.H. Shukla, J. )
hki
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