BALUBHAI VESTABHAI DHODIA Vs. RUKSHANA AERACHSHA ZABWALA

JUDGEMENT

(1.) IN this appeal under Clause-15 of the Letters Patent, the appellant has challenged the judgment and order dated 18.2.2011 passed by the learned Single Judge in Special Civil Application No. 4625 of 2009, whereby the learned Single Judge rejected the petition confirming the order dated 21.4.2009 passed by the learned Principal Civil Judge, Mandvi, District-Surat below application exh. 78 in Regular Execution Petition No. 51 of 1990 issuing possession warrant under the provisions of Order XXI Rule 35 of the Code of Civil Procedure, 1908 [?CPC? for short].

(2.) THE facts relevant for the purpose of deciding this appeal can be summarized as under:-