Gujarat High Court
Ziyauddin Abdul Hamid Sheikh vs Dinaz Bejan Ankleshwariya & on 9 July, 2014
Author: S.H.Vora
Bench: S.H.Vora
C/AO/301/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL FROM ORDER NO. 301 of 2014
With
CIVIL APPLICATION NO. 7471 of 2014
In
APPEAL FROM ORDER NO. 301 of 2014
================================================================
ZIYAUDDIN ABDUL HAMID SHEIKH....Appellant(s)
Versus
DINAZ BEJAN ANKLESHWARIYA & 1....Respondent(s)
================================================================
Appearance:
MR NIKHIL S KARIEL, ADVOCATE for the Appellant(s) No. 1
================================================================
CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 09/07/2014
ORAL ORDER
Appeal is admitted.
ORAL ORDER IN CA Rule returnable on 9.9.2014.
1. Learned advocate Mr. Kariel for the applicant - original plaintiff states at bar that the applicant - plaintiff is not in possession of the suit land and further, the plaintiff is ready and willing to deposit balance consideration of Rs.219 lac with the trial Court, as the plaintiff has already paid a sum of Rs.218 lac to the respondent - defendant. Under the circumstances, parties to the suit are directed to maintain status quo position qua suit land as existing today. Upon Page 1 of 2 C/AO/301/2014 ORDER deposit of Rs.219 lac by the plaintiff within two months with the trial Court, the leaned Judge shall deposit the said amount in the name of the plaintiff in any nationalized bank initially for a period of six months in cumulative FDR and it shall be renewed from time to time till further order passed by this Court in appeal from order. The original FDR shall be kept with the Registry of the trial Court.
2. It is clarified that order to maintain status quo position qua suit land is granted subject to deposit of balance consideration by the plaintiff with the trial Court. In case of default, the interim relief granted by this Court shall stand vacated without any further order. It is further clarified that no extension will be granted to deposit the amount. In case of difficulty, parties are at liberty to apply for early hearing.
(S.H.VORA, J.) shekhar Page 2 of 2