MEERA REFRIGERATION Vs. ROMAN CATHOLIC CHURCH

JUDGEMENT

(1.) THE applicants have moved this application for following reliefs.

(2.) THE application is opposed by learned senior advocate Mr.Vakharia appearing with learned advocate Mr.M. K. Vakharia for the opponent on the ground that though these very applicants have filed second appeal, still the Court while admitting this second appeal granted interim relief only to the original defendants No.4 to 17. Learned advocate Mr.Vakharia pointed out that the applicants are not the defendant Nos.4 to 17 and, therefore, this application for reliefs granted in the second appeal, cannot be entertained.

(3.) LEARNED advocate for the applicants submitted that considering the long possession of these applicants, in fact, it was for the opponent to initiate proceedings according to law for the purpose of evicting the applicants, but the opponent has deliberately not filed any suit and want to take undue advantage in execution proceeding on the basis of the judgment and decree passed by the Trial Court and confirmed by the Appellate Court which is under challenge in Second Appeal. He submitted that the applicants in fact will be the real persons affected though have been in long possession, if the execution proceedings are proceeded further. He submitted that even if the application is found to be not entertainable then also the applicants are required to be permitted to take recourse of appropriate remedy independently for protection in respect of the suit property before appropriate forum available to the applicants.