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SCA/964120/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9641 of 2008
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KANUBHAI
KACHHABHAI PATEL - Petitioner(s)
Versus
KALYAN
RAM VISHWANATH IYER & 1 - Respondent(s)
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Appearance :
MR
ASHISH M DAGLI for Petitioner(s) : 1,
MR
DHARMESH V SHAH for Respondent(s) : 1,
DS AFF.NOT FILED (N) for
Respondent(s) : 2,
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CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 09/09/2008
ORAL
ORDER
1. The
petitioner is the judgment debtor at the hands of the rent court.
He, however, contends that such decision was rendered ex-parte. The
petitioner has already filed an application for setting aside such
ex-parte decree which is pending. Along with the said application,
an application for condonation of delay was also preferred.
According to learned counsel for the petitioner, such an application
is heard, but yet to be disposed of. In the meantime, the
respondents landlords seek to execute the decree.
2. Considering
the facts and circumstances of the case, further execution shall
stand stayed till the application seeking setting aside of ex-parte
decree is finally disposed of on the condition that the petitioner
deposits a total sum of Rs.1 lac (Rupees one lac only) to the
landlords with a due receipt to be produced on record of the Trial
Court within two months from today and an undertaking to this effect
shall be filed within two weeks hereof.
3. The
above directions are issued bearing in mind the conclusion of the
Trial Court that the petitioner is in arrears of rent. However, I
have expressed no opinion on this aspect of the matter and the entire
amount will be subject to adjustment, if ultimately the decree is
reopened. For some reason, if the applications of the petitioner
seeking condonation of delay and setting aside ex-parte decree are
not disposed of within two months hereof, the petitioner shall
continue to pay a sum of Rs.4,000/- (Rupees four thousand only) by
way of rent to the respondents, subject to final adjustment thereof.
4. This
is not to indicate any opinion on my behalf regarding the actual rent
that the landlords can recover from the tenant and the same shall be
decided in accordance with law.
(Akil
Kureshi, J.)
mrpandya*
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