GUJARAT MARITIME BOARD Vs. HARILAL GIGABHAI JOSHI

JUDGEMENT

(1.) SINCE both these matters are inter -connected and the appellant - petitioner as well as respondent No.1 in both the matters are common and since common submissions have been made before the Court, they are being disposed of by this common judgment and order.

(2.) SECOND Appeal No.100 of 1986 is filed by the appellant - Gujarat Maritime Board - original defendant No.2 challenging the judgment and order passed by the learned Assistant Judge, Porbandar on 12.02.1986 in Regular Civil Appeal No.05 of 1984 reversing the judgment and decree passed by the learned Civil Judge (S.D.), Porbandar on 29.10.1983 in Regular Civil Suit No.317 of 1981.

(3.) AS far as second appeal is concerned, this Court has admitted the said appeal on 08.05.1986 and granted ad -interim relief in terms of paragraph 9 (A) of Civil Application No.790 of 1986 whereby the operation and execution of the judgment and decree passed by the learned Assistant Judge, Porbandar in Regular Civil Appeal No. 05 of 1984 was stayed during the pendency and final disposal of the Second Appeal.