(1.) RULE. Learned advocate waives service of rule on behalf of the respondent. With the consent of the respective parties, the matter is taken up for final disposal.
(2.) The present application is directed against the judgment and order dated 14.03.2016 passed below Exhibit-38 and consequently again for attachment warrant at Exhibit-54 which is issued by the learned 2nd Additional Senior Civil Judge, and Additional Judicial Magistrate, Valsad in Special Execution Petition No. 25 of 2006.
(3.) The brief facts of the case are that the respondent herein - Yogeshbhai Nemchand Shah has filed a civil suit in the Court of learned Senior Civil Judge, Valsad being Special Civil Suit No. 32 of 2001 for the purpose of recovering an amount of Rs.4 lakh, which was claimed to have borrowed on 08.07.1999. The said Civil Suit was decided on 18.03.2006 by the learned Senior Civil Judge, Valsad ex-parte and decree came to be passed by holding that the respondent - plaintiff is entitled to recover the suit amount with interest at the rate of 9% per annum till realization.