Madhavji Kanjibhai Gajera vs State Of Gujarat
2021 Latest Caselaw 15367 Guj

     C/SCA/13682/2021                                  ORDER DATED: 30/09/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
             R/SPECIAL CIVIL APPLICATION NO. 13682 of 2021
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                        MADHAVJI KANJIBHAI GAJERA
                                  Versus
                           STATE OF GUJARAT
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Appearance:
MR NK MAJMUDAR(430) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99) for the
Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE B.N. KARIA

                              Date : 30/09/2021

                               ORAL ORDER

1. By preferring this petition, petitioner has requested to direct

the learned 2nd Additional Civil Judge (S.D.), Jetpur, Dist­Rajkot to

undertake the hearing of Execution Application (Special) No.03 of

2019 as expeditiously as possible and conclude the same in the

interest of justice.

2. Heard learned advocate for the petitioner.

3. It is submitted by learned advocate for the petitioner that in

Regular Civil Suit No.108 of 1988, judgment and decree was passed

on 31.01.1995 by allowing the suit preferred by the

petitioner/plaintiff. That, as against the said order, defendants

preferred Regular Civil Appeal No.42 of 1997 before the District

Court at Gondal, Rajkot, that the said appeal was dismissed

C/SCA/13682/2021 ORDER DATED: 30/09/2021

confirming the judgment and order passed by the trial Court on

31.01.1995 It is further submitted that Second Appeal No.86 of

1999 was preferred by the respondents before this Court wherein

also this Court, vide order dated 08.08.2018, confirmed the

judgment and decree passed by the trial Court. However,

respondents has not complied with the judgment and order as well

as decree passed by the court concerned, the petitioner was

constrained to file MCA No.1235 of 2018 seeking initiation of

proceedings under Section 10 of the Contempt of Courts Act, 1971.

That petitioner has already preferred Execution Application

(Special) No.03 of 2019 before the court of learned 2 nd Additional

Civil Judge, Jetpur, Rajkot. That despite the order passed by the

courts below as well as this Court, the Execution Petition is not

proceeding, and therefore, petitioner is not in a position to get

benefit of the decree available to him as per the judgment and

order passed by the court below.

4. Issue requires consideration.

5. Notice returnable on 28.10.2021. Learned AGP waives service

of notice of rule for and on behalf of respondents.

(B.N. KARIA, J) SUYASH