PALIBEN MAGANBHAI PATEL Vs. GUJARAT ELECTRICITY BOARD

JUDGEMENT

(1.) The present applicant legal heir and representative of the deceased Paliben Maganbhai Patel, original plaintiff has filed this revision application for quashing and setting aside the judgment and order dated 10.11.2006 passed by the learned 3rd Additional Senior Civil Judge, Valsad in Special Darkhast No.28 of 2006, whereby the learned Judge has dismissed the same and further prayed to permit the applicant to execute the decree passed in Special Civil Suit No.125 of 1986.

(2.) Heard Mr.Amit Patel, learned advocate for the applicant and Mr.M. D. Pandya, learned senior advocate for the opponents.

(3.) Mr.Amit Patel, learned advocate for the applicant has submitted that the impugned judgment and order passed by the trial Court is contrary to the facts and circumstances of the case. He has submitted that as per the order dated 25.06.1993 passed by the Division Bench of this Court [Coram : Hon'ble Mr.Justice M. B. Shah & Hon'ble Mr.Justice J. M. Panchal], the amount paid by the opponents to the original plaintiff from the year 1993 to 2006 is an amount of interest which was paid in monthly installment on the amount of deposit of Rs.2,65,492-00 i.e. decretal amount with 19% simple interest kept by the opponents in the name of the original plaintiff for ten years. He has submitted that the trial Court has committed an error while considering that as the opponents had paid Rs.4,94,478-00 to the original plaintiff in the form of monthly interest on the amount of deposit of Rs.2,65,492-00 from 1993 to 2006, the opponents had paid more amount to the plaintiff than the decretal amount. He has relied upon the decision of this Court in the case of Atul Hasmukhlal Shah Vs. Deboo Bross and Others, reported in 2006 (1) GLH 688. He has submitted that the impugned judgment and order of the trial Court is required to be quashed and set aside in the interest of justice.