KOKILA MANOHAR BHAVSAR Vs. SULOCHANA VASANT BHAVSAR

JUDGEMENT

(1.) RULE returnable forthwith: Heard by consent of parties. Perused petition,affidavits and counter affidavits with written submissions circulated by the rival parties.

(2.) THIS petition is filed by the judgment debtors in Suit No. 156 of 1995 who have basically challenged three judgments and orders, out of which two are passed by the Third Additional District Judge, Nasik; one dated 18th November, 2003 in Civil Appeal No. 197 of 2003 and, another dated 22nd August, 2003 in Civil Appeal No. 208 of 2003, and, third dated 19th December, 2003 by the Fourth Additional District Judge, Nasik in Civil Appeal No. 338 of 2003.

(3.) OUT of the above three orders, an order dated 22nd August, 2003 has been passed by the Third Additional District Judge, Nasik in Civil Appeal No. 208 of 2003 arising out of order dated 30th July, 2003 passed below Exh. 128 in Regular Darkhast No. 141 of 2000 whereby the said application (Exh. 128) the judgment debtors had prayed for stay of the execution proceedings until the decision of the application marked as Exh. 127. The challenge to the said order has now become infructuous in view of the fact that application at Exh. 127 has been decided by the Executing Court vide its order dated 12th December, 2003. An appeal against this order has also been rejected by order dated 19th December, 2003 passed in Civil Appeal No. 338 of 2003. In this view of the matter, judicial scrutiny of only two orders, viz. , order dated 18th November, 2003 passed by the third Additional District Judge, Nasik in Civil Appeal No. 197 of 2003 and order dated 19th December, 2003 passed by the Fourth Additional District Judge, Nasik in Civil Appeal No. 338 of 2003 needs to be made. Consideration : With respect to the order dated 18th November, 2003 passed by the Third Additional District Judge, Nasik in Civil Appeal No. 197 of 2003 :