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SCA/10933/2010 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10933 of 2010
===============================================
SONALBEN
PRITESHBHAI PATEL - Petitioner(s)
Versus
VIJAYKUMAR
VITTHALBHAI PATEL & 1 - Respondent(s)
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Appearance :
MS
MAITHILI D MEHTA for Petitioner(s) : 1,
None for Respondent(s) : 1
- 2.
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CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 18/10/2010
ORAL ORDER
Heard
Ms. Maithili Mehta, learned advocate for the petitioner.
She
has submitted that the petitioner is, though third party, but
interested third party, in the proceedings. She submitted that though
the petitioner is not the administrator/agent of the judgment-debtor
she is affected by the proceedings which the judgment-creditor has
taken out i.e. the execution proceedings which are pending. The
petitioner herein has interest in the property which is the subject
matter of the said execution proceedings. Ms. Mehta also submitted
that the petitioner herein was not party to the suit proceedings and
is not party to the execution proceedings, but as a co-sharer, the
petitioner has interest in the property in question.
She,
therefore, submitted that the petitioner would make appropriate
application before the learned trial Court, as may be permissible
under the provisions of the Code of Civil Procedure, as one of the
interested third party whose interest in the property in question
deserves to be taken into account while conducting execution
proceedings. For the purpose of preferring such application, Ms.
Mehta, learned advocate for the petitioner, under instructions from
her client, seeks permission to withdraw the petition at this stage.
The permission, as requested for, is granted. The petition stands
disposed of as withdrawn with a view to preferring appropriate
application before the learned Executing court.
If
and when application is filed before the learned Executing Court, the
learned Executing Court shall consider the same in accordance with
law without being influenced by present order.
The
petition stands disposed of as withdrawn.
[K.M.Thaker,
J.]
kdcs
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