INDRAJITSINH MANSINH RAJ Vs. NANDUBEN ADESINH

JUDGEMENT

(1.) BY way of this petition, the petitioner has prayed to quash and set aside the impugned order dated 25.06.2004 passed by the learned Joint District Judge, Fast Track Court, Bharuch below application Exhibit-72 filed in Regular Civil Appeal No. 4 of 1994, whereby the said application was rejected.

(2.) THE facts in brief are that the respondents had preferred Regular Civil Suit No. 149 of 1985 against the petitioner-original defendant, who is the legal heir of deceased Surajben Chhatrasinh, for specific performance of the suit agreement in respect of the land situated in the sim of Village Rampur bearing Survey No. 210/1 admeasuring 5 Acres and 1 Gunthas. THE trial Court decreed the said suit and granted decree of Specific Performance in favour of the respondents. Being aggrieved by the decree of specific performance, the petitioner-original defendant preferred appeal being Regular Civil Appeal No. 4 of 1994 before the lower appellate Court. In the said appeal the petitioner-original defendant preferred application Exhibit-72 praying to stay the said appeal under the provisions of Section 85(a) of the Bombay Tenancy & Agricultural Land Act, 1948. Pending the said appeal, the petitioner-original defendant approached tenancy authority by way of filing a suit under Section 70(b) of the Bombay Tenancy & Agricultural Land Act, 1948. However, the lower appellate Court vide order dated 25.06.2004 rejected the application Exhibit-72. Hence, this petition.

(3.) IN the result, the petition is dismissed. Rule is discharged. INterim relief if any, stands vacated. No order as to costs.