Gujarat High Court
State Of Gujarat vs Kanbai D/O Prembai Kunvarji ... on 20 September, 2021
Bench: B.N. Karia
C/SCA/6941/2021 ORDER DATED: 20/09/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6941 of 2021
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STATE OF GUJARAT
Versus
KANBAI D/O PREMBAI KUNVARJI DABASIA
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Appearance:
MS MEGHA CHITALIYA, AGP for the Petitioner(s) No. 1
MR D C SEJPAL(1322) for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE B.N. KARIA
Date : 20/09/2021
ORAL ORDER
Rule returnable forthwith. Learned advocate Mr. D. C.
Sejpal waives service of notice of rule for and on behalf of the
respondent.
The petitioner, by way of present petition, has challenged
the order dated 20.03.2021 passed below application Exh. 8 in
Special Execution Petition No. 20 of 2019 by the learned 3 rd
Additional Senior Civil Judge and ACJM, Bhuj, District
Kachchh rejecting the application filed under Order 21 Rule
46-A of the Code of Civil Procedure for issuing Garnishee
notice as prayed by the petitioner.
Heard learned AGP for the petitioner-State and learned
advocate for the respondent.
During the course of arguments, it is submitted by either
side that separate Civil Application (for Stay) No.1 of 2021 in
C/SCA/6941/2021 ORDER DATED: 20/09/2021
F/First Appeal No. 11586 of 2021 which is renumbered as
R/First Appeal No. 2031 of 2021 was preferred by the Defence
Estate Officer as requested by the petitioner in an application
Exh.8 before the trial Court. It is also admitted facts that same
prayer was made by the petitioner below Exhibit 8 in Special
Execution Petition No. 20 of 2019 to issue notice to the
Defence Estate Officer, Gujarat Circle, Ahmedabad, by whom,
the compensation was to be deposited. As the R/First Appeal
No. 2031 of 2021 is already preferred by the Defence Estate
Officer, wherein the learned Division Bench of this court was
pleased to pass an order on 26th July 2021. The relevant para
of the said order is as under:
2. The judgment and award passed by the Land Reference
Court is ordered to be stayed from its operation, implementation
and execution on the condition that the appellant deposits the
entire amount as awarded by the Land Reference Court with
proportionate costs and interest within a period of six weeks.
Once the entire amount towards award with proportionate costs
and interest is deposited with the Land Reference Court, the Court
below shall disburse 70% of the said amount in favour of the
claimants after proper identification and verification. The balance
30% of the amount shall be invested by way of fixed deposit
receipt with any nationalized bank initially for a period of three
years and the same shall be renewed from time to time
C/SCA/6941/2021 ORDER DATED: 20/09/2021
accordingly. The fixed deposit receipt shall be non-cumulative.
The interest that shall accrue on such fixed deposit receipt shall
be paid periodically to the original claimants. "
It appears from the order passed in R/First Appeal No.
2031 of 2021 that operation, implementation and execution
was stayed by learned Division Bench of this court with a
condition that the appellant deposits the entire amount as
awarded by the Land Reference Court with proportionate costs
and interest within a period of six weeks. It was further
ordered that once the entire amount towards awarded with
proportionate costs and interest is deposited with the Land
Reference Court, the Court below shall disburse 70% of the
said amount in favour of the claimants after proper
identification and verification. The balance 30% of the amount
shall be invested by way of fixed deposit receipt with any
nationalized bank initially for a period of three years and same
shall be renewed from time to time. The fixed deposit receipt
shall be non cumulative and the interest that shall accrue on
such fixed deposit receipt shall be paid periodically to the
original claimants.
Learned advocate for the respondent has no objection in
granting prayer in an application made by the petitioner below
Exh. 8 in Special Execution Petition No. 20 of 2019.
C/SCA/6941/2021 ORDER DATED: 20/09/2021
As the proposed party, against which, the petitioner has
prayed to issue notice and the learned Judge of the Executing
Court at Bhuj, District: Kachchh was pleased to dismiss the
same vide its order dated 20.03.2021 below application Exh. 8
in Special Execution Petition No. 20 of 2019, same shall be
quashed and set aside and the Executing Court shall issue
notice to the Defence Estate Officer, Gujarat Circle,
Ahmedabad to remain present in Special Execution Petition No.
20 of 2019.
With aforesaid observations, present petition stands
allowed and accordingly stands disposed of.
Rule is made absolute to the aforesaid extent.
(B.N. KARIA, J)
K. S. DARJI
