(1.) THIS appeal has been filed against the judgment and decree passed by the learned City Civil Judge, Court No.4, City Civil Court, Ahmedabad in Civil Suit No.570/1985 dated 29/30.09.1988, whereby, the suit was decreed in favour of the appellant and the respondent-Bank was directed to re-hear and to re-decide the case of the appellant afresh after giving an opportunity of hearing.
(2.) ON 25.07.1989 this Court has passed the following order in Civil Application No.1654/1989 preferred along with this appeal; ?Without prejudice to the rights of the parties, it would be open to the appellate authority to decide the matter on merits. Mr. Shelat, learned advocate for the opponent, states that the bank would not implement the order till further orders. Rule made absolute to the aforesaid extent with no order as to costs.?