MANISHABEN Vs. BHUDHABHAI KHODABHAI THAKORE

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India, assails the legality, propriety and correctness of the orders dtd. 7/8/2012 and 1/11/2012, passed by the Courts-below by which the learned Principal Senior Civil Judge, Kheda at Nadiad directed the petitioner defendant to deposit arrears of rent Rs.1,44,000.00 within ten days and on his failing depositing the amount, the right to defend would be struck off on the next date. The original defendant, being aggrieved with the order, challenged it before the District Court by way of appeal but on technical reasons, the same was registered as CMA No.111 of 2012 and same was rejected vide order dtd. 1/11/2012 by the 5th Additional Ad-hoc District Judge, Nadiad on technical ground holding that the order is not appealable and the department has not treated the litigation as appeal.

(2.) Being aggrieved with the impugned orders as referred above, the defendant-petitioner herein filed present petition invoking supervisory jurisdiction under Article 227 of the Constitution of India.

(3.) This Court has heard learned counsel Mr.Gaurang Patel appearing for and on behalf of the petitioner herein. Ms.Renu Chaudhary, learned counsel for the respondent, though called out, has not remained present.