SIHOR NAGAR PALIKA BUREAU Vs. BHABHLUBHAI VIRABHAI

JUDGEMENT

(1.) By way of the present appeal under Sec. 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC'), the appellant - original defendant - Sihor Nagarpalika Bureau has challenged the judgment and order dtd. 3/5/2003 passed by learned 4th Joint Civil Judge (S.D.), Bhavnagar in Special Civil Suit No.308 of 1993 by which decree has been passed in favour of the respondent herein to the tune of Rs.11,78,825.00 with running interest @ 8% from the date of filing of the suit till decree is executed towards damages for the alleged breach of agreement dtd. 29/3/1993 entered into between the parties to the proceedings.

(2.) The appeal came to be admitted by an order dtd. 19/9/2003. The appellant has also filed civil application for stay of the implementation and execution of the aforesaid judgment and decree. The coordinate Bench of this Court stayed implementation and execution of the impugned judgment on condition of depositing the aforesaid decreetal amount. The said decision was challenged by the present appellant before the Hon'ble Apex Court by way of filing Civil Appeal No.2799 - 2800 of 2005. The Hon'ble Apex Court vide order dtd. 21/4/2005 allowed the appeal in favour of the present appellant and directed the appellant to furnish security of the decreetal amount instead of depositing the same.

(3.) The matter is taken up for final hearing. Registry has received the Records and Proceedings which we have perused.