C/FA/3223/2024 ORDER DATED: 28/04/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 3223 of 2024 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/FIRST APPEAL NO. 3223 of 2024 ========================================================== RAKESHKUMAR BABULAL SHAH Versus RAKESHKUMAR CHAMPAKLAL SUKHDIYA & ANR. ========================================================== Appearance: MR ZUBIN F BHARDA(159) for the Appellant(s) No. 1 DR. NIRAV D TRIVEDI(6311) for the Defendant(s) No. 2 ========================================================== CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE Date : 28/04/2025 ORAL ORDER 1. When the matter was taken up for hearing, learned advocate Dr. Nirav Trivedi appearing for the respondent no.2 has invited my attention to order dated 23.09.2024 passed by this Court, whereby the appellant was directed to deposit the amount of 50% of the total amount which is outstanding i.e. approximately Rs.13,50,000/- within a period of two weeks. Learned advocate has also referred to the order dated 08.10.2024, whereby the earlier order was modified to the extent that, the appellant was directed to deposit the amount of Rs.10 Lakhs instead of Rs.13,50,000/- to show his bona fide. He has further submitted that despite sufficient time having lapsed, the aforesaid amount has not been deposited till date. The aforesaid C/FA/3223/2024 ORDER DATED: 28/04/2025 grievance was voiced by the respondent on previous occasion, whereby this Court vide order dated 13.03.2025, considering the aforesaid directions issued earlier, in the larger interest of justice and recording it as a last chance, had granted time to comply with the aforesaid directions, failing which, it was clarified that the present appeal shall not be entertained in absence of the compliance of the directions of this Court. 2. Learned advocate Mr. Zubin Bharda for the appellant has made strenuous efforts to ensure the compliance of the directions issued by this Court. However, the appellant has chosen not to comply with the directions issued by this Court. He has, therefore, urged this Court to pass appropriate orders. 3. Considering the aforesaid submissions of learned advocates for the respective parties and despite sufficient time been granted by this Court to comply with the directions, the appellant for the reasons known, has chosen not to comply with the directions. In the circumstances, this Court is not inclined to entertain the present appeal particularly when a money decree is passed. Hence, the present appeal stands dismissed for non-compliance of the directions issued by this Court as recorded in its order dated 08.10.2024. Civil Application for stay stands disposed of, accordingly. Page 2 of 3 C/FA/3223/2024 ORDER DATED: 28/04/2025 4. At this stage, learned advocate on record for the respondent has submitted that execution proceedings are initiated by the respondent. However, in view of the pendency of the appeal, the same have not been proceeded further. 5. Since the appeal stands dismissed, it would be open for the Executing Court to proceed with the hearing of the execution proceedings. (NISHA M. THAKORE,J) SUYASH SRIVASTAVA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SUYASH KUMAR SRIVASTAVA(HC01570), PRIVATE SECRETARY, at High Court of Gujarat on 01/05/2025 19:08:36