CHAGANLAL KANJIBHAI AGIYA Vs. VIRABHAI RANDHIRBHAI PARMAR

JUDGEMENT

(1.) The present appeal is filed against the judgment and order dtd. 28/12/2007 passed in Special Civil Suit No.79 of 2021 by the Additional Senior Civil Judge, Veraval.

(2.) The subject matter of the suit is a land bearing Survey No.57A of Village:Bhalpara, Tal:Veraval, Dist:Junagadh. The appellant before the Court is the original defendant against whom the respondent (original plaintiff) had filed suit in connection with the subject land. The Civil Judge had allowed the suit directing specific performance of the sale agreement executed by the defendant in favour of the plaintiff and further directions to the defendant to deposit an amount of Rs.51,000.00.

(3.) It appears that the judgment and order was a subject matter of challenge in the present appeal, wherein this Court while admitting the appeal in order dtd. 21/8/2008 had also passed a separate order in the Civil Application, wherein the appellant was directed to deposit an amount, which was received by the appellant from the respondent and such amount was to be deposited within a period of 4(Four) weeks. Similarly, the respondent was also directed to deposit an amount of Rs.51,000.00 along with interest at the rate of 12% per-annum from the date of agreement to sale which comes to Rs.95,525.00 which is deposited. On the basis of this and other conditions, the interim-relief was granted staying operation of the impugned judgment and order. In the same order, it was also observed that in case the applicant fails to deposit an amount as directed, the interim-relief granted would stand automatically vacated.