C/SCA/20783/2022 ORDER DATED: 27/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 20783 of 2022
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SULEMAN @ BAHAUDIN NOORMIYA
Versus
CHAIRMAN OF THE TRUST AND BY DESIGNATION, THE COLLECTOR
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Appearance:
MS FARHANA Y MANSURI(2526) for the Petitioner(s) No. 1,2
for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 27/03/2023
ORAL ORDER
1. The present petition is filed challenging the interim order dated 18.03.2019 passed by the Principal Senior Civil Judge, Junagadh in Regular Darkhast No.152 of 2007. 2.1 It is noted that one Regular Civil Suit No.1044 of 1996 was filed before the trial Court for declaration and permanent injunction, which was partly allowed and decreed in favour of the plaintiff on 30.12.2006 and the petitioners - original defendants were directed to hand over the peaceful and vacant possession of the suit premises. 2.2 Thereafter, the execution proceeding being Civil Darkhast No.152 of 2007 is filed by the original plaintiff - present respondent/s for implementation of the judgment and decree passed by the trial Court, wherein the Executing Page 1 of 2 Downloaded on : Mon Mar 27 20:48:34 IST 2023 C/SCA/20783/2022 ORDER DATED: 27/03/2023 Court has issued warrant under Order XXI Rule 36 of the Code of Civil Procedure, 1908 by the impugned order dated 18.03.2019.
2.3 It is this interim order passed by the Executing Court concerned, which is challenged by the petitioners before this Court in this petition.
3. Heard learned advocate for the petitioners.
4. Considering the nature involved in the present petition and considering the fact that the petitioners have preferred this petition at a belated stage i.e. after about four years, this Court is not inclined to exercise its discretion in favour of the petitioners.
5. Learned advocate Ms. Farhana Mansuri for the petitioners therefore seeks to withdraw this petition, with a view to file appropriate objections before the Execution Court concerned, if it is permissible under the law.
6. Permission, as prayed for, is granted. This petition is dismissed, as withdrawn.
(SANDEEP N. BHATT,J) M.H. DAVE Page 2 of 2 Downloaded on : Mon Mar 27 20:48:34 IST 2023