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1998 Supreme(Guj) 669

S.K.KESHOTE
Madhur Garments – Appellant
Versus
Hasmukh Shopping Centre – Respondent


Advocates Appeared: A.V.Trivedi, M.B.GANDHI, MONA B.RAVAL, R.J.SHARMA

S. K. KESHOTE, J.

( 1 ) HEARD learned counsel for the parties.

( 2 ) IN this Civil Application, the prayer has been made that pending hearing and final disposal of the First Appeal No. 3476/98, the execution, implementation and operation of the impugned order passed in Precept Application No. 314/95 on 29. 4. 1998 by the Judge city Civil Court No. 18, Ahmedabad be stayed. Under the order impugned in the first appeal, the Court below ordered the applicant to pay a sum of Rs. 1,87,500/- to the judgment- debtor-the respondent within a period of 8 weeks from the date of the said-order. It has further been ordered that till recovery of this amount, the judgment-creditor-applicant, herein shall not transfer or sale his immoveable property in the name of Meghdoot Garments situated at Panchratna Building, Shop no. 20 admeasuring about 731 sq. ft. The court has also directed the judgment-creditor applicant to pay a sum of Rs. 5. 000/- towards cost of inquiry.

( 3 ) FROM the reading of the order impugned in the First Appeal, it no more remains in doubt that it pertains to the directions for payment of a sum of Rs. 1,87,500/- by the judgment-creditor-applicant to the judgment- debtor responde




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