PATEL SHAMBHUBHAI MOTIDAS Vs. KAMUBEN KHODABHAI HEIRS OF DECEASED KHODABHAI SHIVDAS

JUDGEMENT

(1.) The applicants herein were the opponents in B. A. D. R. Darkhast No. 5/70 which was filed in the Civil Court (J. D.) at Kalol. For the reasons stated in his order dated 30th April 1976 the learned Civil Judge held inter alia that the execution application was time barred and consequently he dismissed the same application for execution.

(2.) Being aggrieved by that order the original judgment debtor who was the application Darkhast No. 5/70 filed Reg. Civil Appeal No. 103 in the Court of the learned Assistant Judge at Mehsana. The learned Assistant Judge by his order dated 16-12-1977 allowed the appeal of the original judgment debtor and set aside the order of the learned Civil Judge (J. D.) by which he had dismissed the Execution Application and the learned Assistant Judge directed the learned Civil Judge (J. D.) to proceed with the execution proceedings.

(3.) Being aggrieved by that order of the learned Assistant Judge the original judgment creditor who was opponent in Darkhast bearing No. 5 has preferred this Civil Revision Application.