THAKOR BHIKHAJI VAGHAJI Vs. PRADYUMABHAI RAGHUNATHBHAI

JUDGEMENT

(1.) This petition has been preferred against the order dated 17th March, 2007 passed by the learned Principal Civil Judge, Kheralu below application Exh. 85 preferred in Regular Darkhast No. 12 of 1983, whereby the said application was allowed and possession warrant in respect of the property mentioned in Regular Darkhast No. 12 of 1993 was ordered to be issued.

(2.) The facts in brief are that respondent No. 1 herein was the owner of the agricultural lands bearing Survey Nos. 448, 492 and 495 situated in Village Kheralu. On 22-5-1953 respondent No. 1 had mortgaged the said lands with one Chaudhari Ramjibhai Dhanjibhai. However, in the year 1966, respondent No. 1 preferred a suit being Civil Suit No. 48 of 1966 for redemption of the mortgage. In the said suit, final decree came to be passed on 31-7-1980. Against the said decree, respondent No. 2 and others preferred First Appeal No. 192 of 1980 before the District Court. However, the said appeal was dismissed.

(3.) In the year 1983, respondent No. 1 preferred Regular Darkhast No. 12 of 1983, wherein, possession warrant under Order 21, Rules 35 and 36 of Code of Civil Procedure was issued in respect of the said property. In the said proceedings, the petitioner preferred application Exh. 77 raising objections against the execution of decree passed in Civil Suit No. 48 of 1966. After considering the objections, the Court below passed order dated 8-3-1990 below application Exh. 1, whereby, it was ordered that until the proceedings under the Bombay Tenancy and Agricultural Lands Act, pending before the Mamlatdar & A.L.T. concerned are over, the decree-holder of Civil Suit No. 48 of 1966 shall not take possession of the property in question from the 'tenant', the petitioner herein. Pursuant to the passing of the order dated 8-3-1990, the execution proceedings remained stayed for a long period.