Suleman @ Bahaudin Noormiya vs Chairman Of The Trust And By ...
2023 Latest Caselaw 2540 Guj

       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

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