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SCA/8815/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8815 of 2008
=========================================================
MANUJI
CHATURJI CHAVDA - Petitioner(s)
Versus
ASHOKKUMAR
PRAHLADJI CHAVDA & 10 - Respondent(s)
=========================================================
Appearance
:
MR
MAHENDRA K PATEL for
Petitioner(s) : 1,
None for Respondent(s) : 1 - 11, 11.2.1,
11.2.2, 11.2.3,11.2.4
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 06/08/2008
ORAL
ORDER
By
way of this petition under Article 227 of the Constitution of India,
the petitioner ? original defendant ? judgement debtor, has
prayed for appropriate writ, order and/or directions, for
quashing and setting aside the order dtd. 28/5/2008 passed by the
learned Additional Civil Judge, Visnagar below Ex.29 in Regular
Execution Petition No.19 of 2005, making a grievance that the
application submitted by the applicant in Regular Execution Petition
No.19 of 2005 is beyond the consent terms and the decree. It is
submitted by Mr.Patel, learned advocate appearing on behalf of the
petitioner that the relief sought by the respondent in execution
proceedings would be beyond the decree and the executing court
cannot go beyond the decree.
Considering
the impugned order, consent terms and the decree, it appears that
there is no substance in the submission made by the petitioner.
Considering the consent terms and the decree, the execution petition
and the prayer made in the execution petition it cannot be said to
be beyond the consent decree. Hence, there is no substance in the
present Special Civil Application and the same deserves to be
dismissed and is accordingly dismissed.
[M.R.
SHAH, J.]
rafik
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