The petitioner herein has challenged the order dated 2nd February 2012 passed by the learned 3rd Joint Civil Judge [SD], Ahmedabad {Rural} below Application Exh. 16 in Execution Application No. 106 of 2011, whereby the learned Judge has rejected his request to stay the execution petition till he approaches the Apex Court against the order of the learned Single Judge of this Court passed in First Appeal No. 2609 of 2011.
On having heard learned advocate Shri Parmar and on having examined the documents with his assistances, it appears that the dispute between the parties was adjudicated by way of Special Civil Suit No. 362 of 2007 by the learned Sr. Civil Judge, Ahmedabad Rural and against which the original defendant preferred an appeal u/s. 96 CPC before this Court. The suit preferred by the original plaintiff was allowed whereby the decree for specific performance was granted in favour of the plaintiff.
It is submitted by the learned advocate that since the possession is already with the plaintiff and the execution application is preferred so as to get the registered sale deed done in wake of the decree for specific performance, time be granted for approaching the higher forum. On being questioned about such a request whether was made in the First Appeal of the petitioner which was decided and rejected on 11th January 2012 by this Court, it is admitted that the same was not granted by the learned Single Judge, who on merits after considering every angle of the matter, had dismissed the appeal. In light of this and considering the order of the Trial Court, there does not appear to be any error which requires interference by way of this supervisory jurisdiction. Party aggrieved can always approach the higher forum, however, considering the peculiar facts here, the order passed by the learned Judge calls for no interference. This Application stands rejected.
{Ms.
Sonia Gokani, J.} Prakash* Top