SAVITRIBEN M SANGHAVI Vs. PANKAJ CHAMPAKLAL GANDHI

JUDGEMENT

(1.) The learned Commissioner Mr. A. R. Bapat has made an application for fixing his remuneration and for the payment thereof by the parties to the above proceedings viz. the Plaintiff, the Defendant and the Obstructionist.

(2.) As the Defendant and the Obstructionist, husband and wife, have appeared in person and as the matter requires the determination of questions of law, I considered it appropriate to appoint amicus curiae. Mr.Colabawala and Mr.Saraf appeared amicus curiae. I must at the outset express my appreciation for the valuable assistance rendered by them so willingly.

(3.) The above Summary Suit was filed on 22.12.1998 and decreed on 10.12.2002. The Plaintiff filed an execution application on 19.4.2003. The Defendant's wife, the Obstructionist, obstructed the execution of the decree. The flat which is the subject matter of the execution proceedings was attached on 29.7.2004. The Plaintiff therefore filed Chamber Summons No.395 of 2004 on 15.4.2004 for removing the Obstructionist. On 10.8.2004 the Obstructionist filed Chamber Summons No.1195 of 2004 for raising the attachment.