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2021 Supreme(Guj) 742

B.N.KARIA
TARABEN W/O SHIVCHANRAN PANNA LAL DECD. THR. HEIRS – Appellant
Versus
HASMUKH MOHANLAL CHAUHAN – Respondent


Advocates Appeared:
For The Appellant : MR SP MAJMUDAR, MR. HJ KARATHIYA
For The Respondent: MR.SUDHIR NANAVATI, LD.SR.COUNSEL FOR MS ANUJA S NANAVATI

JUDGMENT :

1. Rule returnable forthwith. Ms. Anuja Nanavati, learned advocate waives service of notice of rule for and on behalf of the respondents.

2. Present petitioner has challenged the order dated 17th April, 2013 passed below Exh.16 in Small Darkhast No.21 of 2011 by the learned Additional Judge, Small Causes Court, Surat rejecting the objections filed by the present petitioner in the Execution Application preferred by the respondents.

3. Heard learned advocates for the respective parties.

3.1 Short facts of the present case may be summarized as under:- That, Small Cause Civil Suit No. 60 of 1988 was filed by the respondents against the husband of the petitioner on the ground of arrears of rent and mesne profit. That, the petitioner was not joined as party respondent. That, husband of the present petitioner left the suit premises on 6th March, 1992 since then the present petitioner is residing in the suit premises. That, suit filed by the respondents came to be dismissed by the learned Small Cause Court vide order on 8th April, 2005. That, respondents preferred an appeal being Regular Civil Appeal No. 20 of 2005 against the husband of the petitioner wherein, also present petition

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