HARISH PREMSHANKAR BHATT Vs. KAILASBHAI K SABARIA

JUDGEMENT

(1.) RULE . Mr. Chetan Pandya, learned advocate, waives service of notice of Rule for the respondent.

(2.) ON the facts and in the circumstances of the case, and with the consent of learned counsel for the respective parties, the petition is being heard and decided finally.

(3.) BRIEFLY stated, the necessary facts for the adjudication of the petition are that the petitioners had instituted Regular Civil Suit No.73 of 2010, against the respondent, seeking the relief of declaration, permanent injunction and possession of the suit premises. It is the case of petitioners that the respondent led no oral or documentary evidence in the suit and filed the closing purshis. The suit, therefore, came to be decreed by judgment and decree dated 09.07.2012, passed by the learned 3rd Additional Senior Civil Judge, Rajkot. The said judgment and decree came to be challenged by the respondent by preferring an appeal, being Regular Civil Appeal No.59 of 2012, which is still pending final adjudication.