SCA/29423/2007 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 29423 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE AKIL KURESHI ========================================================= JUNAGADH MAHA NAGAR PALIKA - Petitioner(s) Versus MANSUKH BHAGWANJI & 5 - Respondent(s) ========================================================= Appearance : MR YOGESH S LAKHANI for Petitioner(s) : 1, NOTICE SERVED BY DS for Respondent(s) : 1 - 6. DS AFF.NOT FILED (R) for Respondent(s) : 1 - 6. ========================================================= CORAM : HONOURABLE MR.JUSTICE AKIL KURESHI Date : 07/03/2008 ORAL JUDGMENT Heard learned advocate Shri Dagli for the petitioner. Though served no one appears for the respondents. 2. Petitioner is Junagadh Maha Nagarpalika. Regular Civil Suit No.142/91 came to be field by one Bhagwanji Madha before the learned Civil Judge, (S.D.), Jungadh against Dolatpara Gram Panchayat. The Trial Court decreed the suit. The Gram Panchayat had, therefore, preferred Regular Civil Appeal No.137/96 before the District Court. During the pendency of the appeal, Dolatpara Gram Panchayat merged with the Junagadh Maha Nagarpalika. The SCA/29423/2007 2/3 JUDGMENT advocate appearing for the Gram Panchayat, therefore, passed a purshis before the Appellate Court and requested that he may be relieved from appearance of the Gram Panchayat. It appears that on account of non-appearance of the appellant, the appeal came to be dismissed by the order dated 17.10.06. 3. The present petitioner i.e. Junagadh Maha Nagarpalika was all throughout not aware about the appeal proceedings. However, respondent herein, preferred execution petition upon which the petitioner has approached the Appellate Court by filing Civil Misc. Application, which is stated to be pending. During the pendency of the proceedings, the petitioner prayed for stay of the execution proceedings which came to be turned down by the impugned order. The petitioner is therefore before this Court. 4. Considering the peculiar facts and circumstances of the case, particularly when the petitioner herein was not a defendant in the original suit nor appellant before the District Court and when the execution is sought to be effected against the petitioner, I find that in the interest of justice, execution proceedings should be stayed till the application of the petitioner seeking setting aside of the dismissal of the appeal for default is considered and disposed of. Not granting order as prayed for would lead to an unjust result. As noted SCA/29423/2007 3/3 JUDGMENT the suit was filed against Dolatpara Gram Panchayat. The appeal was also filed by Dolatpara Gram Panchayat. However, the Gram Panchayat having merged with the Maha Nagarpalika, the appeal was not properly pursued. The petitioner herein was never aware about the appeal proceedings. However, execution is sought to be effected against the petitioner. 5. Under the circumstances, it is directed that the executing court shall not proceed further with the execution application filed by the respondent herein till Civil Misc. Application No.117 of 2007 filed by the petitioner herein in Regular Civil Appeal No.137/96 is disposed of. The petition is disposed of. Rule is made absolute accordingly. (Akil Kureshi, J.) (vjn)