KRISHNAMUKHLAL BHAGWANDAS SHROFF Vs. SHA BHAGWAN KASHIDAS

JUDGEMENT

(1.) This Appeal is preferred against the order passed by the court of Joint Civil Judge S.D. at Surat on 20th April 1972 in Special Darkhast no. 31/63 of his file. By this order the learned Judge appears to have disposed of applications exhs. 106 118 and 127. Before proceeding with the merits of this appeal it would be necessary to state some necessary facts of this execution application which is being prolonged for one reason or the other ever since the year 1963.

(2.) The execution is preferred by the respondents who are the decree holders of a money decree for Rs. 1 7 312 passed in Special Civil suit no. 24/61 of the same court. The said decree was passed on 28th February 1963 An appeal against that decree was preferred but the decree was confirmed even in that appeal on 15th December 1970 This execution application which is registered as Special Darkhast No. 31/63 was preferred by the decree holder on 1-5-63.

(3.) Initially by ex. 18 the judgment debtor had raised certain objections to the Darkhast but these objections were decided against him on 9-11-65. Against that decision the judgment debtor approached this court in Appeal which was registered as F.A. 112/63 but even that appeal has been dismissed on 12-12-69. During the course of this appeal the execution was stayed but the stay order stood vacated on the dismissal of that appeal.