JAYANTKUMAR KHUSHALDAS DHOLAKIA Vs. MANUBHAI BAVCHANDBHAI VADERA

JUDGEMENT

(1.) THE petitioners have challenged the order dated 27.7.2007 passed by District Court, Amreli in Civil Miscellaneous Application No.47 of 2007 below Exh.5.

(2.) BRIEF facts of the case are as under:-

(3.) THE respondent also filed a Regular Civil Suit No.51 of 1994 before the Joint Civil Judge(SD), Amreli for recovery of arrears of rent and the same was decreed by an order dated 10.3.2000. When challenged in Regular Civil Appeal No.12 of 2000 learned District Judge stayed the execution of decree qua the possession of the premises. However, the petitioners were required to deposit regularly the amount of rent, which was so done upto December, 2007. The respondent preferred an application dated 2.2.2005 praying from vacating the stay as also to strike out the defence and learned Judge vide its order dated 4.11.2006 vacated the stay against the execution of the decree qua possession and ordered to proceed with the appeal ex-parte.