Ramiben W/O Decd. Bhalabhai ... vs Manilal Jivanlal Parmar
2021 Latest Caselaw 13991 Guj

     C/SCA/13281/2021                              ORDER DATED: 14/09/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 13281 of 2021

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        RAMIBEN W/O DECD. BHALABHAI MAGANBHAI CHAUHAN
                             Versus
                   MANILAL JIVANLAL PARMAR
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Appearance:
HCLS COMMITTEE(4998) for the Petitioner(s) No. 1,2,3,4,5
MS.FALGUNI D.TRIVEDI(3912) for the Petitioner(s) No. 1,2,3,4,5
for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE B.N. KARIA

                            Date : 14/09/2021

                             ORAL ORDER

1. Mr.J. F. Mehta, learned advocate states that he has

received instructions to appear for and on behalf of the

respondent and he shall file his Vakalatnama before the

Registry. Registry shall accept the same.

2. Heard learned advocate for the petitioners as well as

learned advocate for the respondent.

3. Having considered the fact that against the judgment

and decree passed by the Small Cause Court, Ahmedabad in

H.R.P. Suit No.1971 of 2009 regarding the disputes premises,

the present petitioners have preferred Second Appeal No.360

of 2017 before this Court which is pending for adjudication.

C/SCA/13281/2021 ORDER DATED: 14/09/2021

Meanwhile, in Execution Petition No.200 of 2017, the

respondent approached the Executing Court vide Exh.23 with

a request to issue possession warrant of the disputed

premises. As no stay was granted by this Court in Second

Appeal No.360 of 2017 pending before this Court preferred by

the present petitioners, possession warrant was issued vide

order dated 23.08.2021.

4. Learned advocate for the petitioners submits that the

present petitioners shall approach this Court in Second

Appeal No.360 of 2017 for necessary order for staying the

judgment and decree passed in H.R.P. Suit No.1971 of 2009.

5. Considering the statement made by learned advocate for

the petitioners, the impugned order passed below Exh.23

dated 23.08.2021 in Execution Petition No.200 of 2017 shall

be suspended for a period of two weeks.

6. Hence, Notice, returnable on 28.09.2021. Mr.J. F.

Mehta, learned advocate waives service of notice for and on

behalf of the respondent.

(B.N. KARIA, J) rakesh/