SIDI MUSLIM JAMAT BILALI Vs. KASAMSHA HAJISHA SOTIAYARA

JUDGEMENT

(1.) The petitioner has filed this petition under Articles 226 and 227 of the Constitution of India praying for quashing and setting aside the judgment and order passed by the learned Civil Judge (S.D.) Veraval below an application Ex.46 dated 10.4.2003 in Regular Civil Suit No.509 of 1999 and the judgment and order passed by the 2nd Extra Assistant Judge, Veraval in Civil Misc. Appeal No.31 of 2003 dated 13.7.2004. The petitioner has also prayed for the declaration that in view of the order passed below Ex.57 dated 27.6.2003 by the learned Civil Judge (S.D.) Veraval, proceeding of Regular Civil Suit No.509 of 1999 stands concluded and the learned Civil Judge cannot act upon the counter claim of the respondent preferred on 27.6.2003 in Regular Civil Suit No.509 of 1999.

(2.) This Court has issued notice on 2.8.2004 and granted interim relief in terms of para 13(D) of the petition whereby the operation, implementation and execution of the judgment and order passed by the learned Civil Judge (S.D.) Veraval below an application Ex.46 dated 10.4.2003 in Regular Civil Suit No.509 of 1999 and the judgment and order passed by the 2nd Extra Assistant Judge, Veraval in Civil Misc. Appeal No.31 of 2003 dated 13.7.2004 was stayed.

(3.) Heard Mr.P.J.Kanabar, learned Advocate appearing for the petitioner and Ms. Farhana Y. Mansuri, learned Advocate appearing for the respondent.