SCA/10347/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 10347 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= VIMLABEN KHODABHAI NASIT - Petitioner(s) Versus DADABHAI NAJABHAI VIKRAMA - Respondent(s) ========================================================= Appearance : MR HRIDAY BUCH for Petitioner(s) : 1, MR. HARSAD PATEL for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 27/08/2008 ORAL JUDGMENT 1. Rule. Shri Harshad Patel, learned advocate waives service of rule on behalf of the respondent. With the consent of the leaned Advocates appearing on SCA/10347/2008 2/3 JUDGMENT behalf of the respective parties, the matter is taken up for final hearing today. 2. By way of this petition under Article 227 of the Constitution of India, the petitioner-original defendant against whom ex-parte judgment and decree has been passed and who has submitted an application for setting aside the ex-parte judgment and decree under Order 9 Rule 13 of the Code of Civil Procedure, has prayed for an appropriate writ, direction and / or order quashing and setting aside the order dated 7.3.2008 passed by the learned 2nd Additional Senior Civil Judge, Amreli below Exh. 5 in Civil Miscellaneous Appeal No. 32 of 2007. 3. In an application for setting aside ex-parte judgment and decree, petitioner-original defendant- applicant has submitted the application Exh. 5 to stay further proceedings of Special Darkhast No. 16 of 2007 and the said application came to be allowed by the learned trial Court on condition that petitioner shall deposit Rs. 3 lacs. SCA/10347/2008 3/3 JUDGMENT 4. Having heard Shir Hriday Buch, learned advocate for the petitioner and Shri Harashad Patel, learned advocate for the respondent and considering the fact that the property / residential house is already under attachment, if the amount of deposit is reduced from Rs. 3 lacs to Rs. 2 lacs, it will meet the ends of justice. Under the circumstances, the impugned order passed by the learned trial Court passed below Exh. 5 in Civil Miscellaneous Appeal No. 32 of 2007 dated 7.3.2008 is modified to the extent that instead of Rs. 3 lacs, the petitioner shall deposit Rs. 2 lacs and time to deposit the said amount is granted upto 22.9.2008. If the aforesaid amount is not deposited on or before 22.9.2008, there shall not be stay below Exh.5. 5. Rule is made absolute. In the facts and circumstances of the case, there shall be no order as to cost. (M.R. Shah, J.) Kaushik