T H JOSHI Vs. JASHVANTLAL BABULAL NANDHA

JUDGEMENT

(1.) This Civil Revision Application has been filed by the applicant/original appellant/defendant No.1, the judgment debtor on 22.12.2008 seeking prayer to quash and set aside the impugned order dated 7.11.2008 passed below Exh. 13 in Regular Civil Appeal No.9 of 2005 by the learned Principal District Judge, Porbandar. The subsequent conduct of the applicant/original defendant No. 1 after preferring the present Civil Revision Application No.51/2009 is a classic example of an attempt made by the interested litigant along with the help of Advocates engaged by him to see that the matter related to execution proceedings which is pending before the trial court be delayed as far as possible by exercising various tactics for prolonging the same which reflects from the following facts:

(2.) This Civil Revision Application has been filed by the Power of Attorney holder of the applicant/original defendant No.1 through his Advocate on 22.12.2008. Thereafter, after the compliance of removal of the office objections, for the first time it was listed on the board for admission on 29.6.2009. On request made by the learned Advocate for the applicant, the same was adjourned by the court to 21.7.2009. Likewise thereafter the said revision application was listed on the board for admission on 21.7.2009, 28.7.2009, 10.9.2009, 29.9.2009, 19.11.2009, 3.12.2009 and on 10.12.2009 and on all the above dates, on the request made by the learned Advocate for the applicant the matter was adjourned as referred above. On 10.12.2009 this court (Coram Anant S Dave, J.) has passed the following order:

(3.) Thereafter, on 14.7.2011/21.9.2011 learned advocate for the applicant has filed a note to the office for hearing the revision application at the earliest. The said note is extracted hereunder: