Nandkumar Laxmandas Hiranandani ... vs Mangeshkumar Natwarlal
2023 Latest Caselaw 6802 Guj

                                                                                   NEUTRAL CITATION




      C/SCA/12901/2015                              ORDER DATED: 14/09/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 12901 of 2015

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     NANDKUMAR LAXMANDAS HIRANANDANI DECEASED THRO LEGAL
                    HEIRS- MAHESHKUMAR
                            Versus
                  MANGESHKUMAR NATWARLAL
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Appearance:
MR JA ADESHRA(107) for the Petitioner(s) No. 1
MR VIBHUTI NANAVATI(513) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                Date : 14/09/2023

                                 ORAL ORDER

Heard learned Advocates appearing for the respective parties.

2. The present petition seeks to challenge the common order passed below Exh.38, 56, 63, 80, 46 and 75 in Execution Petition No.112 of 2000 by the learned Small Causes Court No.3, Ahmedabad which reads thus:

"The application at Exhs.38, 56, 63 and 80 are hereby allowed with condition that the plaintiff will filed an affidavit to the effect that how much amount is now due from the plaintiff and only after such affidavit filed the Jangam Warrant be reissued against the Judgemnt Debtor.

The application at Exhs.46 and 75 are hereby dismissed. No order as to cost."

3. Learned Advocate for the petitioner would submit that this

NEUTRAL CITATION

C/SCA/12901/2015 ORDER DATED: 14/09/2023

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amount which is said to have been outstanding against the son of the judgment debtor was the dues of Municipal Corporation. He would further submit that under the amnesty scheme the AMC has waived this amount to be taken from the judgment holder and therefore, no recovery can be made from the son of the judgment debtor.

4. On the other hand, learned Advocate for the respondent supports the submission that under the amnesty scheme floated by the AMC benefit of which has been taken by the landlord.

5. Having heard the learned Advocates appearing for both the sides what perceives that no recovery is taken from the son of the judgment debtor and therefore, this petition deserves consideration since there is no due outstanding against son of the judgment debtor and accordingly it is allowed. The impugned order at Annexure-A is set aside. The above finding shall also govern the disposal of the execution petition pending before the learned Court below and formal order for its disposal shall be passed by the learned Court below.

(J. C. DOSHI,J) sompura