Usman Ismail Asmal (Nana) vs Khatija Wd/O Yakub Ahmed Husen ...
2021 Latest Caselaw 6784 Guj

     C/LPA/541/2018                           ORDER DATED: 23/06/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/LETTERS PATENT APPEAL NO. 541 of 2018
          In R/SPECIAL CIVIL APPLICATION NO. 13169 of 2014
                                With
             CIVIL APPLICATION (FOR STAY) NO. 1 of 2018
             In R/LETTERS PATENT APPEAL NO. 541 of 2018
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                   USMAN ISMAIL ASMAL (NANA)
                            Versus
        KHATIJA WD/O YAKUB AHMED HUSEN AMRA & 6 other(s)
==========================================================
Appearance:
MR NIRAV C THAKKAR(2206) for the Appellant(s) No. 1
MR MEET THAKKAR, ASST. GOVERNMENT PLEADER(1) for the
Respondent(s) No. 2,3,4,5,6
MR JAYRAJ CHAUHAN(2966) for the Respondent(s) No. 7
MR JITENDRA M PATEL(620) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE J.B.PARDIWALA
       and
       HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                          Date : 23/06/2021

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

We have heard Mr. Nirav C. Thakkar, the learned counsel appearing for the appellant (original writ applicant), Mr.Jitendra M. Patel, the learned counsel appearing for respondent No.1, Mr. Meet Thakkar, the learned Assistant Government Pleader for respondent No.2 and Mr.Jayraj Chauhan, the learned counsel appearing for respondent No.7.

Admit.

Having heard learned counsel appearing for the parties and having gone through the material on record, we propose to modify the interim relief granted earlier by the Coordinate Bench of this

C/LPA/541/2018 ORDER DATED: 23/06/2021

Court vide order dated 04.05.2018. It appears that the Coordinate Bench vide order dated 04.05.2018 granted interim relief in terms of para 5(C) as prayed for in Civil Application No.1 of 2018. The effect of grant of interim relief would be to stay the impugned judgment passed by the learned Single Judge. We propose to modify the interim relief to the extent that both the parties shall maintain status quo as regards the nature, character and possession of the property in question.

We accordingly direct all the parties to maintain status quo as regards the nature, character and possession of the property in question. The earlier order stands modified to the aforesaid extent.

Post this appeal for final disposal on top of the board on 28.07.2021.

(J. B. PARDIWALA, J)

(VAIBHAVI D. NANAVATI,J) DRASHTI K. SHUKLA