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SCA/4778/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4778 of 2011
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NARESHBHAI
KIKUBHAI DESAI & 1 - Petitioner(s)
Versus
PANKAJ
B DESAI POA OF KAMINI HANSKAMAL GROVER & 2 - Respondent(s)
=========================================================
Appearance :
MR
YV VAGHELA for
Petitioner(s) : 1 - 2.
None for Respondent(s) : 1 - 3, 3.2.1,
3.2.2, 3.2.3, 3.2.4, 3.2.5, 3.2.6, 3.2.7,3.2.8
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 28/04/2011
ORAL
ORDER
1. By
way of this petition, the petitioners have prayed to quash and set
aside the order dated 15.03.2011 passed by the learned 5th
Addl. Sr. Civil Judge, Surat below application Exhibit-35 filed in
Regular Darkhast No.49/2006 and to direct the executing Court to
decide “Mark B” application filed in the execution
application; and alternatively, it has also been prayed to direct the
executing Court to decide “Mark B” application as
expeditiously as possible.
2. Heard
learned counsel Mr. Y.V. Vaghela appearing on behalf of the
petitioners.
3. After
arguing the matter, learned counsel Mr. Vaghela states that he is not
pressing the present petition so far as the challenge made to the
order passed below application Exhibit-35 filed in Regular Darkhast
No.49/2006 dated 15.03.2011 is concerned. He, however, requested that
appropriate directions may be issued to the executing Court to decide
application “Mark B” pending before it as expeditiously
as possible.
4. In
view of the admission made by learned counsel for the petitioners
that he is not assailing the order passed below application
Exhibit-35 on merits, this Court is not interfering with the impugned
order and accordingly, confirms the same. However, considering the
alternative relief claimed by the petitioners, it is observed that if
the petitioners prefer an application requesting the executing Court
concerned to decide “Mark B” application pending before
it expeditiously, the executing Court shall allow the same and shall
dispose of the said application, as expeditiously as possible, being
uninfluenced by the observations made by it in the impugned order
dated 15.03.2011.
5. With
the above observations, the petition stands disposed of.
[K.
S. JHAVERI, J.]
Pravin/*
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