Citation : 2021 Latest Caselaw 3052 Guj
Judgement Date : 22 February, 2021
C/FA/778/2021 ORDER
IN THEHIGHCOURTOF GUJARATAT AHMEDABAD
R/FIRSTAPPEALNO. 778 of 2021
With
CIVILAPPLICATION(FORSTAY) NO. 1 of 2020
In R/FIRSTAPPEALNO. 778 of 2021
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SPECIALLANDACQUISITIONOFFICERLANDACQUISITIONANDREHABILITATION
Versus
THAKORCHANDUJIKUMBHAJI
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Appearance:
MR.BHARATVYAS,AGP(1) for the Appellant(s)No. 1,2
MRJINESHH KAPADIA(5601)for the Defendant(s)No. 1
MRTUSHARCHAUDHARY(5316)for the Defendant(s)No. 1
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CORAM: HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date: 22/02/2021
ORALORDER
ORDER IN FIRST APPEAL
ADMIT.
ORDER IN CIVIL APPLICATION
Rule returnable forthwith.
Learned advocate Mr. Kapadia, waives service of notice of rule on behalf of the respondent - claimant.
Mr. Kapadia, learned advocate for the respondent states that 50% of the amount deposited by the appellant has been withdrawn by the claimant. There shall be interim relief by way of stay of the execution, implementation and operation of the impugned judgment and order passed by the Reference Court. The remaining 50% amount shall be invested in cumulative fixed deposit in any nationalized bank initially for
C/FA/778/2021 ORDER
the period of three years, to be renewed from time to time till final disposal of the appeal. The claimant shall not be allowed premature withdrawal thereof or to raise any borrowings on the basis of such investment. Original of the Fixed Deposit may be retained in the custody of the Reference Court. Civil Application for stay accordingly is allowed. Rule is made absolute.
(BIRENVAISHNAV,J) ANKITSHAH
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