DRUPADSINH KSHTRIYA Vs. GANGABEN NARHARISINH KSHTRIYA

JUDGEMENT

(1.) Rule.

(2.) This petition under Article 227 of the Constitution of India is filed by the petitioner praying for to quash and set aside the order dtd. 10/7/2015 passed below Exh. 233 in Special Execution Petition No. 332 of 1978 by the learned 7th Additional Senior Civil Judge, Vadodara. By the said application (Exh. 233), the petitioner - applicant had prayed to declare the proceedings that were carried out by Narharsinh and Premsinh, void and without any legal rights, after the demise of original decree holder namely Rukshmaniben Kshtriya on 18/2/1980.

(3.) Facts in nutshell of the case on hand are that a suit being Regular Civil Suit No. 456 of 1970 came to be filed before the learned Civil Court concerned at Vadodara which came to be decreed in favour of one Rukshmaniben. The said judgment and decree carried in appeal before the learned District Court by filing Civil Appeal No. 90 of 1996, wherein, the learned District Judge, Vadodara was pleased to confirm the said judgment and decree passed in the suit. Against which, Second Appeal (Stamp) No. 4961 of 1978 was filed, which came to be disposed of vide order dtd. 26/4/1979. Judgment creditor - Rukshmaniben filed the Special Execution Petition No. 332 of 1978 before the concerned learned Court below at Vadodara for the execution of the decree passed in Regular Civil Suit No. 456 of 1970, which is pending. In the said execution petition, the petitioner herein had filed the aforesaid application, which came to be rejected and hence, the petitioner is before this Court.