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S.N.VARIAVA, H.K.SEMA
DINESH PRABHULAL BARAT – Appellant
Versus
SAI PALACE HOTELS (P) LTD. – Respondent
ORDER
1. LEARNED COUNSEL FOR THE PETITIONERS PRAYS FOR AN ADJOURNMENT OF THE CASE FOR FILING THE REJOINDER-AFFIDAVIT. PRAYER FOR ADJOURNMENT IS REFUSED.
2. LEAVE GRANTED.
3. HEARD PARTIES.
4. IF THE EXECUTION PROCEEDING IS ALLOWED TO PROCEED WITHOUT THE CONTENTIOUS ISSUES RAISED BEING DECIDED, THE EXECUTION IS LIABLE TO BE DISMISSED. IN OUR VIEW, THE CORRECT ORDER SHOULD HAVE BEEN FOR THE HIGH COURT TO STAY THE EXECUTION PROCEEDINGS PENDING THE WRIT PETITION.
5. WE, THEREFORE, STAY THE EXECUTION PROCEEDINGS PENDING THE WRIT PETITION. THE HIGH COURT IS REQUESTED TO DISPOSE OF THE WRIT PETITION AS EXPEDITIOUSLY AS POSSIBLE.
6. THE APPEAL STANDS DISPOSED OF ACCORDINGLY. THERE WILL BE NO ORDER AS TO COSTS.
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