DEEPAKBHAI BABAUBHI PATTANI Vs. RAIMALBHAI POPATBHAI PATTANI

JUDGEMENT

(1.) RULE. Mr. Pankaj K. Soni, learned Counsel waives service of notice of rule, on behalf of the respondent. This petition has been preferred invoking Article 227 of the Constitution of India, inter alia with a prayer to quash and set aside the judgment and order dated 18th November, 2009 passed in Civil Revision Application No.8 of 2009, by the Appellate Bench of the Court of Small Causes, Ahmedabad whereby the order dated 9th September, 2009, passed by the Court of Small Causes in Civil Miscellaneous Application No.53 of 2009, has been confirmed.

(2.) Briefly stated, the relevant facts of the case are that the respondent, who is the original plaintiff, instituted H.R.P. Suit No.774 of 1993 against father of the petitioner, inter alia with a prayer for grant of permanent injunction and recovery of the suit premises, on the ground that the tenant is in arrears of rent. As many as 5 issues were framed and the suit of the present respondent was decreed with costs, by judgment and order dated 23rd November, 2000. The petitioner was directed to handover the possession of the suit premises to the respondent by 31s' December, 2000. As stated in the said judgment and decree, the father of the petitioner, who was the original defendant in the suit, was served with summons and appeared through an advocate, but did not file the written-statement. Thereafter, on 3rd February, 2009, the petitioner preferred an application for condonation of delay for setting aside the ex parte judgment and decree, being Civil Miscellaneous Application No.53 of 2009, The said application has been rejected by order dated 9tt) September, 2009. Being aggrieved thereby, the petitioner approached the Appellate Bench of the Court of Small Causes, by filing Civil Revision Application No.8 of 2009, which has been rejected by passing the impugned order dated 18th November, 2009, giving rise to the filing of the present petition.

(3.) Mr. P.T. Jasani, learned Counsel for the petitioner, has submitted as below: