LAWS(GJH)-2019-10-74

MAHENDRABHAI BHIKHABHAI RAO Vs. VIJAYKUMAR THAKORESINH THAKORE

Decided On October 25, 2019
Mahendrabhai Bhikhabhai Rao Appellant
V/S
Vijaykumar Thakoresinh Thakore Respondents

JUDGEMENT

(1.) At the request of learned advocates for the parties, the matter has been heard finally at the admission stage.

(2.) The petitioner herein is the original defendant, whereas, the respondents herein are the original plaintiffs before the Principal District Court, Bharuch (hereinafter be referred to as "the Appellate Court"). Being aggrieved and dissatisfied with the impugned order passed below Exhibit 5 dated 07.03.2019 by the learned Additional District Judge, Bharuch (hereinafter be referred to as "the Trial Court") rejecting the application for staying the decree during the pendency of the appeal, petitioner has preferred the present petition under Articles 226 and 227 of the Constitution of India read with Order 41 Rule X of the Code of Civil Procedure, 1908.

(3.) For the sake of brevity and convenience, the parties are referred to as per status before the Trial Court i.e. defendant and plaintiffs.