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2003 Supreme(Guj) 105

P.B.MAJMUDAR
NAUTAMSWAMI GURU VASUDEV – Appellant
Versus
HARJIBHAI NANJIBHAI BHIMANI – Respondent


Advocates Appeared: H.M.PAREKH, HARIN P.RAVAL, PUROHIT AND CO

P. B. MAJMUDAR, J.

( 1 ) RULE. Learned Advocate Mr. Parikh waives service of rule on behalf of the respondents nos. 1 and 2, learned Advocate Mr. Purohit waives service of rule on behalf of the respondent no. 3 while learned Advocate Mr. Mithani waives services of rule on behalf of the respondents nos. 4 to 10.

( 2 ) THE Appeal From Order is admitted by this Court today and the same is now fixed for final hearing. This Civil Application is filed by the appellant with a prayer that during the pendency of the Civil Application, ex-parte ad-interim order passed by the learned Civil Judge (S. D.), Anand in Civil Suit no. 17/2003 be stayed. Since the original Appeal From Order is filed against the ex-parte order of the trial Court which is admitted by this Court, the question which requires to be considered in this Civil Application is whether the petitioner has made out any strong prima facie case for getting interim relief and whether, in the facts and circumstances of the case, interim relief prayed for can be granted during the pendency of the Appeal From Order. In order to consider the controversy between the parties, it is necessary to refer to the facts of the case.

( 3 ) THE disp



















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