FA/3280/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 3280 of 2008 With CIVIL APPLICATION No. 8674 of 2008 In FIRST APPEAL No. 3280 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI ====================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ====================================== M.WADHWANI Versus MR.TUSHAR I MAVANI AND OTHERS ====================================== Appearance : MR JA ADESHRA for Appellant,MR SH MOMIN for Appellant. MR GM JOSHI for Respondent Nos.1, 1.2.1,1.2.2. None for Respondent Nos.2 - 10. ====================================== CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 02/09/2008 ORAL JUDGMENT 1) By way of this appeal, appellant - original defendant no.5 has challenged judgment and decree dated 27th January 2003 passed by 3rd FA/3280/2008 2/3 JUDGMENT Joint Civil Judge (S.D.), Ahmedabad (Rural) at Navrangpura, Ahmedabad in Civil Suit No.578 of 1990. 2) During the pendency of this appeal, this Court has passed following order on 24-7-2008 in Civil Application No.8674 of 2008: “1. Rule. Matter to be placed for final disposal on 14th August, 2008. 2. In view of order dated 15th April 2008 passed by this Court in Civil Application No.9294 of 2004, stay is granted on condition that, out of entire amount deposited as per aforesaid order with Registrar General of this Court, 50% of the amount will be invested in fixed deposit with the State Bank of India, High Court branch, in the name of Vineet I. Mavani, through his guardian Mr.Tushar I. Mavani. 3. The remaining 50% amount will be allowed to be withdrawn by Mr.Tushar I. Mavani. The balance amount of US $700, as directed by the trial Court, shall be deposited by the opponent before returnable date.” 3) Since the amount as directed by this Court is already paid, decree against appellant herein stands fully satisfied, in view of the fact that amount is paid by principal or its agent, whom the present appellant is representing. Original plaintiff -respondent no.1 herein is restrained from executing decree against present appellant as the decretal amount is already paid. In that view of the matter, appeal has become academic and the same is required to be disposed of accordingly. Accordingly, this appeal is disposed of. It is made clear that if any difficulty arises for the FA/3280/2008 3/3 JUDGMENT present appellant with regard to execution of the decree against him, it will be open for him to approach this Honourable Court by way of appropriate application. It is made clear that out of amount of $700 deposited as per order dated 24-7-2008, 50% amount shall be invested in fixed deposit with the State Bank of India, High Court branch in the name of Vineet I. Mavani through his guardian Mr.Tushar I. Mavani and remaining 50% amount shall be allowed to be withdrawn by Mr.Tushar I. Mavani. 4) In view of disposal of First Appeal, Civil Application No.8674 of 2008 will not survive and the same is disposed of accordingly. Rule issued therein is discharged. Interim relief granted earlier stands vacated with no order as to costs. (K.S.Jhaveri, J.) *malek