ANISH RAMESHBHAI PATEL Vs. ABBASBHAI MAHMADALI VANIA

JUDGEMENT

(1.) Anish Rameshbhai Patel and Smt.Mitaben Rameshbhai Patel - appellants (original obstructors) defendants in suit have filed this Second Appeal under Section 100 of the Code of Civil Procedure against the judgment and decree dated 30/10/1991, passed by learned Extra Assistant Judge, Jamnagar, in Regular Civil Appeal No.70 of 1991. The learned Judge by his impugned judgment and decree was pleased to dismiss the appeal and confirmed the order dated 23/09/1991, passed by the learned 2nd Jt.Civil Judge (S.D.), Jamnagar, in Regular Darkhast No.123/84 order passed below Ex.84, 87 and Ex.94. The learned trial Judge by his impugned judgment pleased to reject Exh.84, 87 and 94 filed by the objector Rameshchandra Manji as well as the wife and children of the applicants in this behalf. The learned trial Judge further held that the execution proceedings be proceeded from the stage at which these applications were filed.

(2.) The relevant facts giving rise to this Second Appeal are as under:- Background of the matter : Re. Civil Suit No.60/76

(3.) Mita Rameshchandra Patel and Anish Rameshchandra Patel daughter and son of Rameschandra present appellants through her mother Kiranben Rameshchandra Patel filed another suit No.179 of 1986 before the learned Civil Judge (S.D.) Jamnagar on 5.12.1986. In the said suit also it was prayed that the decree dated 31/12/1982, passed in Civil Suit No.62/76 has obtained fraudulently and same may be declared as nullity. The plaintiff may be declared as tenant of the suit premises and defendant Abbasali Mohmadali Vania in that suit namely original plaintiff be restrained from taking possession of the suit premises.