1. The present Civil Revision Application u/s.115 of the Code of Civil Procedure has been preferred by the applicants herein – judgement debtor to quash and set aside the impugned order dated 07/09/1999 passed by learned Executing Court below Exh-1 in Execution Petition No.73 of 1997 in Special Civil Suit No.832 of 1992.
2. Having heard learned advocates appearing on behalf of the respective parties, it appears that pursuant to the judgement and decree passed in Special Civil Suit No.832 of 1992 passed by learned Civil Judge (S.D.), Vadodara, in Execution Petition No.73 of 1997 the Court Commissioner had already executed sale deed in favour of the original plaintiffs on 21/09/1999 and thereafter in the year 2004, the applicants have preferred the present Civil Revision Application u/s.115 of the Code of Civil Procedure. However, it appears that at the relevant time when the Executing Court passed an order, one Civil Misc.Application No.246 of 1997 filed by the applicants herein – original judgement debtor for setting aside the judgement and decree passed in Special Civil Suit No.832 of 1992 and to restore the said Suit, was already pending. It is the case on behalf of the applicants that despite the said restoration application pending, learned Executing Court passed an order below Exh.1 in Execution Petition No.73 of 1997, which is absolutely illegal.
3. Today when the present Civil Revision Application is taken up for final hearing, it is brought to the notice of the Court that even subsequently by judgement and order dated 16/11/2006, learned 13th Additional Senior Civil Judge, Vadodara has allowed Civil Misc.Application No.246 of 1997 and decree/compromise deed passed in Special Civil Suit No.832 of 1992 has been recalled and set aside and the aforesaid Suit was restored to file for fresh hearing.
4. In view of the above, Mr.B.T.Rao, learned advocate appearing on behalf of the applicants has requested to pass an appropriate order and to make suitable observation reserving liberty in favour of the applicants to make appropriate application before learned Trial Court for appropriate consequential order in the suit for quashing and setting aside the judgement and decree passed by the learned Trial Court in Special Civil Suit No.832 of 1992, on the basis of which, Court Commissioner executed sale deed in favour of the original plaintiffs inclusive of reserving liberty in favour of the applicants to submit an appropriate application before learned Trial Court, who passed the decree u/s.144 of the Code of Civil Procedure.
5. Having heard learned advocates appearing on behalf of the respective parties and considering the fact that the impugned judgment and decree passed by the learned Trial Court in Special Civil Suit No.832 of 1992, for which, learned Executing Court has passed an order to execute the same and under which, Court Commissioner has executed sale deed in favour of the original plaintiffs itself is quashed and set aside by learned Trial Court vide order dated 16/11/2006 in Civil Misc.Application No.246 of 1997 and Special Civil Suit No.832 of 1992 is restored to file. Necessary consequences must follow and, therefore, it will be open for the applicants to submit an appropriate application for restitution before the concerned Court, who passed decree u/s.144 of the Code of Civil Procedure. As and when such application is made, learned Trial Court is directed to consider the same in accordance with law and on merits independently and even without waiting for final disposal of Special Civil Suit No.832 of 1992. In the facts and circumstances of the case, the concerned Court to decide and dispose of the said application at the earliest but not later than four months from the date of filing of such application, after giving an opportunity to the original plaintiffs. It goes without saying that till such application is finally decided and disposed of by the learned Trial Court and even Special Civil Suit No.832 of 1992 is finally decided and disposed of, all the parties to the Suit are hereby directed to maintain status quo as on today.
With this, present Civil Revision Application is disposed of. Ad-interim relief, if any, stands vacated forthwith.
[M.R.SHAH,J] *dipti