First Appeal No. 1731 of 2015 and Civil Application No. 9633 of 2015 in First Appeal No. 1731 of 2015. Case: Jaymin Kamleshbhai Thakkar and Ors. Vs Kailash Tukaram Chikhlikar. High Court of Gujarat (India)
| Case Number | First Appeal No. 1731 of 2015 and Civil Application No. 9633 of 2015 in First Appeal No. 1731 of 2015 |
| Counsel | For Appellant: S.D. Rami, Advocate and For Respondents: Mehul S. Shah, Senior Advocate and Paresh M. Darji, Caveator |
| Judges | Rajesh H. Shukla, J. |
| Issue | Code of Civil Procedure, 1908 (CPC) - Order XXI Rule 58 |
| Judgement Date | March 14, 2017 |
| Court | High Court of Gujarat (India) |
Judgment:
Rajesh H. Shukla, J.
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The present First Appeal is filed by the Appellants/Original Objectors - Applicants under Order 21 Rule 58 in Darkhast No. 232 of 2013 on the grounds mentioned in the Appeal.
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Before referring to the merits of the matter, the background of the facts even in this matter are required to be noted that in spite of sufficient opportunity granted by way of indulgence, learned Advocate for the Appellants has not bothered to remain present nor the Applicants have taken steps to make the alternate arrangement.
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On the last occasion, the following order was passed by this Bench on 9.3.2017:
"In spite of the earlier order passed on 21.02.2017, today, when the matter is called out, no one remained present even to inform that learned advocate Shri Rami has filed leave note. However, in the interest of justice, the matter is adjourned to 14.03.2017 with clear understanding that on the next date of hearing, the matter shall be proceeded irrespective of leave." note or sick note."
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Similarly, in this very matter, on 4.9.2015, the coordinate Bench (Coram: S.G. Shah, J.) has passed an order granting interim relief on condition to deposit 50% of the decretal amount. In spite of the aforesaid order and the leniency shown by the court, the High Court (Coram: S.G. Shah, J.) vide order dated 20.10.2015 passed the following order making it very clear that the interim relief is no longer in force:
It seems that appellants herein have failed to comply with the order dated 4.9.2015 so also order dated 7.10.2015. Therefore, the First Appeal is required to be decided on merits finally. For the purpose, both the sides are at liberty to file compilation of relevant documents. List the matter on 2.11.2015. It would be appropriate for the trial Court to accept the amount that may be deposited by the appellants since ultimately decree is for recovery of certain amount. It is made clear that thereby order dated 4.9.2015 is now not in force.
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Now, even in the background of the facts and the chequerred history, it is also required to be considered and appreciate that the Appellants have abused and misused the court proceedings only to consume time and see that the fruits of litigation are not available to the Respondents though the decree is passed in their favour since years.
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The Appellants, who are obstructionists had filed an application before the City Civil and Sessions Court, Ahmedabad below Exh. 34 in Execution Petition No...
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