DIPABEN KETANKUMAR PADHYA Vs. MADHUSUDHAN PRAHLADJI PADHYA

JUDGEMENT

(1.) RULE . Learned advocate Mr.Dipak Dave waives service of Rule on behalf of respondent No.1. Learned advocate Mr.Abhichandani waives service of Rule on behalf of respondent No.2.

(2.) THE petitioner original defendant is before this Court being aggrieved by judgment and order dated 23.08.2006 passed by the learned 2nd Additional District Judge, Ahmedabad (Rural), allowing the appeal being Civil Misc.Appeal No.55 of 2006 filed against an order passed by the learned 2nd Additional Senior Civil Judge, Ahmdabad (Rural) dated 29.06.2006.

(3.) THE facts of the case are that the father of deceased Ketankumar Madhusudhan Padhya filed a suit being Regular Civil Suit No.281 of 2005 under Section 6 of the Specific Relief Act, 1963 ("the Act", for short) and prayed that it be declared that the plaintiff is illegally dispossessed from the property being Krishna Apartment No.C/302. It is also prayed that the defendant shall return the possession to the plaintiff and if the defendant does not doe that, the Court, through Court Commissioner, get the possession of the property to the plaintiff.