(1.) RULE . Mr. Amit Thakkar waives service of rule on behalf of opponent.
(2.) HEARD Mr. K.B. Pujara for the applicant and Mr. Amit Thakkar for the opponent.
(3.) I am of the opinion that when the appeal is kept for hearing, the Learned Principal District Judge ought to have granted stay on the execution of decree by imposing certain conditions looking to the balance of convenience of the parties, otherwise the exercise of hearing the appeal of the appellate company becomes a futile one.