MOTILAL VIRCHAND Vs. CHANDRASANGJI HIMATSANGJI

JUDGEMENT

(1.) On the 21st of June 1899 an application was made to the High Court praying that execution of the decree of the High Court in appeal No. 20 of 1898 from an original decree of the Assistant Judge of Broach might be stayed pending disposal of the appeal preferred by the petitioner to Her Majesty in Council.

(2.) The application for stay was refused but it was ordered that Mohansang ji Hamirsang ji, the successful appellant to the High Court, should, before he was allowed to execute the decree, give security to the extent of the moveable property and mesne profits of the immoveable property for three years.

(3.) In consequence of this order Hemchand Mulchand and Motilal Virchand executed a bond to the Assistant Judge of Broach on the 26th of August 1899 agreeing with the Court as follows :-"In case the order passed by the Honorable the High Court in appeal No. 20 of 1898 be set aside in the appeal preferred by the said defendants to the Privy Council, and the possession of the moveable property is ordered to be restored . then the plaintiff Thakor Mohansangji Hamirsangji shall give back to the defendants the whole of the moveable, property o f which the plaintiff Thakor Mohansangji Hamirsangji may have come in possession."