HARMANBHAI ALIAS HARSHADBHAI SHIVABHAI Vs. PATEL ASHABHAI BHAILALBHAI

JUDGEMENT

(1.) The petitioners have filed this petition under Article 227 of the Constitution of India, praying for quashing and setting aside the impugned order dated 1.5.2007 as well as the execution proceedings being Execution Petition No. 122/2004 filed by the respondents before the learned Principal Civil Judge, Boarsad.

(2.) This Court had issued notice on 10.10.2007. This Court had passed a further order on 24.1.2008, wherein it is observed that though the Suit was dismissed and further appeal was also dismissed, the respondents, who are original defendants, cannot seek execution of any order, since no decree was passed in favour of the defendants. The Court, therefore, issued Rule and granted interim relief in terms of paragraph 9(B) whereby the implementation and/or operation and/or execution of the impugned order dated 1.5.2007 passed in Execution Application No. 122/2004 as well as the execution proceedings initiated in Execution Petition No. 122/2004 were stayed.

(3.) Heard Mr. C.B. Upadhyaya, learned advocate appearing for the petitioners. Rule was duly served on the respondents. Respondent No. 1 appeared as party-in-person on earlier occasion and filed written submissions. Despite the service of notice of rule, nobody appears on behalf of respondent No. 2, Village Panchayat.