LAXMIBEN Vs. PUSHPABEN MITHABHAI VANKAR

JUDGEMENT

(1.) The present petition is filed by being aggrieved and dissatisfied with the proceeding initiated by way of Execution Application No.169 of 2021 before the learned Senior Civil Judge Nadiad District Kheda, whereby the learned Trial Court has dismissed the suit proceeding and allowed the counter claim filed by the defendant/(s) against which the plaintiff has preferred I.A. No.1 of 2021 in Regular Civil Appeal No.109 of 2021 and I.A. No.1 of 2022 in Regular Civil Appeal No.24 of 2022. It is found that during the pendency of that application(interim relief), the execution proceeding i.e. Execution Application No.169 of 2021 is initiated by the respondents herein.

(2.) While issuing notice by this Court on 13/3/2023, the Court has stayed the execution proceeding till the returnable date i.e. today.

(3.) When the matter is called out, learned advocate Mr. Vaibhav Seth has submitted that he has instructions to appearing in the matter on behalf of respondent No.1 and will file Vakalatnama. He has submitted that on instruction from his client, he is making statement that he will not proceed with the execution proceeding till both the appeals i.e. Regular Civil Appeal No.109 of 2021 and Regular Civil Appeal No.24 of 2022 is decided by the learned Appellate Court below, to which learned advocate Mr. A.A. Zabuawala has no objection if the same arrangement shall be made for the appeal.