JAYENDRABHAI CHHOTALAL PALAN Vs. BHARATBHAI CHHOTALAL PALAN

JUDGEMENT

(1.) This petition under Articles 226/227 of the Constitution of India is filed by the petitioner - original defendant against an order dtd. 30/10/2021 passed below Exh. 8 in Regular Execution Petition No. 53/2016 by the learned 8th Additional Senior Civil Judge, Rajkot. By the said application Exh. 8, the respondent - original plaintiff - judgment creditor had prayed for grant distress warrant subsequent to the judgment and order dtd. 18/3/2016, decree dtd. 31/3/2016, passed in Regular Civil Suit No. 43/2013.

(2.) Heard, learned advocate Mr. Pratik Y. Jasani for the petitioner.

(3.) Regard being had to the submissions made and considering the averments made in the petition so also the material on record, it appears that the matter has chequered history. The respondent - plaintiff had filed a suit being Regular Civil Suit No. 43/2013 before the competent civil Court at Rajkot for declaration and permanent injunction against the petitioner. The said suit came to be partly decreed in favour of the respondent - plaintiff by virtue of judgment and order dtd. 18/3/2016, decree dtd. 31/3/2016. Grieved by the same, the petitioner herein - original defendant moved the first appellant Court by filing Regular Civil Appeal No. 32/2016 under Sec. 96 of the CPC. The said appeal came to be rejected by the judgment and order dtd. 15/5/2019 passed by the learned 11th Additional District Judge, Rajkot. The petitioner did not rest there and moved this Court with Second Appeal No. 214 of 2019 with Civil Application No. 1 of 2019 For Stay. The said appeal too, came to be rejected by an order dtd. 10/7/2019. Miffed litigant then approached the Apex Court by filing Special Leave to Appeal (C) No. 24224/2019, which also came to be dismissed by an order dtd. 18/10/2019. Now, the petitioner - defendant before this Court against an order issuing the distress warrant. Virtually, this is the second round of litigation.