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MCA/688/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 688 of 2010
In
SPECIAL
CIVIL APPLICATION No. 5117 of 2008
=========================================================
JATASHANKAR
POPATLAL BAROT DIED - Applicant(s)
Versus
UNION
OF INDIA & 1 - Opponent(s)
=========================================================
Appearance :
MR
MEHUL S SHAH for
Applicant(s) : 1,MR SURESH M SHAH for Applicant(s) : 1,
MR NS
SHEVADE for Opponent(s) : 1,
None for Opponent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 16/04/2010
ORAL
ORDER
Present
application has been preferred by the petitioners original
respondent No.1 for an appropriate direction to the Registry of this
Court to formally draw up and prepare the decree in First Appeal
No.1922 of 1983 along with the cross objections forthwith and to
issue necessary direction to the learned Executing Court to treat
and consider the certified copy of the decree and to proceed with
the execution petition being the Land Reference Darkhast No.13 of
1996 pending before it.
Registry
has submitted the report earlier on 31.3.2010 pointing out that at
the relevant time, Registry prepared the Decree, Final Writ, Bill of
Cost and Farad and the same were sent to the concerned lower Court
and that even the period also obtains the certified copy of the same
and produced it before the lower court.
However,
Shri Mehul Shah, learned advocate appearing on behalf of the
petitioners- original respondent No.1 has submitted that trial Court
is not considering the Decree, Final Writ, Bill of Cost and Farad
prepared and supplied by the Registry for the purpose of execution.
Therefore, further report was called from the Registry and it is
reported that therefore, Decree, Final Writ, Bill of Cost and Farad
shall be prepared and given to respective parties within a period of
3 (three) weeks from today. As and when respective parties are
supplied with the fresh Bill of Cost and Farad by the Registry as
per the High Court Appellate Side Rules, either party may produce
the same before the Executing Court and in the facts and
circumstances of the case, learned Executing Court is hereby
directed to treat the same as Decree, Bill of Cost for the purpose
of execution of the judgment and decree passed in First Appeal
No.1922 of 1983 along with the cross objections and proceed further
with the execution petition accordingly.
With
this, present application is disposed of accordingly.
(M.R.SHAH,
J.)
(ashish)
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