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1992 Supreme(Guj) 245

S.D.SHAH
CHANDRAVATI CO OPERATIVE HOUSING SOCIETY LIMITED,maninagar – Appellant
Versus
BHAIRAVNATH EDUCATION AND CULTURAL SOCIETY TRUST – Respondent


Advocates Appeared: M.B.GANDHI, M.C.BHATT

SHAH, J.

( 1 ) BY this Civil Revision Application filed under Sec. 115 of the Code of Civil Procedure, the petitioner, original judgment-creditor challenges the judgment and order passed by the Executing Court below Exh. 75 in Misc. Civil Application No. 799 of 1986 (Obstruction removal application) dated 1-11-1991 whereby the City Civil Judge stayed the hearing of Execution application No. 715 of 1986 and Obstruction removal application No. 799 of 1986 in purported exercise of powers under Sec. 10 of C. P. Code.

( 2 ) IN order to ascertain the compass of inquiry and exact nature-of proceedings and nature of challenges to the impugned order, it is, necessary to set out few relevant facts hereunder : (i) The petitioner, judgment-creditor, instituted Civil Suit No. 1154 of 1984 in the City Civil Court at Ahmedabad against respondent Nos. 1 and 2, judgment-debtors, for possession of premises bearing Municipal Census no. 13-C-6-2 situated at Bhairavnath Road, Maninagar, inter alia, on the ground that respondent No. 1 a public trust and respondent No. 2 its managing Trustee were the licencees of the suit premises and that the licence was lawfully revoked and therefore they were liable to



















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