( 1 ) MR. G. R. Shaikh, learned advocate appearing on behalf for the petitioner. Mr. Pandya, learned AGP appearing on behalf for the respondents. Though notices have been served to the respondent no. 1, but no one remains present on behalf of the respondent no. 1

( 2 ) IN the present petition, Rule has been issued by this Court on 12th September, 1990 and ad-interim relief in terms of para-9 (B) has been granted by this Court.

( 3 ) THE brief facts of the giving rise to this petition are as under:the present petitioners are owners and occupants of Survey No. 149, admeasuring 5 Acre - 33 Guntha of Vadod, Taluka Choryashi, District Surat. The said land was of the ownership and occupancy of respondent no. 1 Maniben widow of Prabhubhai. The widow Maniben stood a surity i. e. a guarantor for one Shri Makanbhai Mavajibhai who had taken loan from Kudsad Vibha Multi Purpose Cooperative Society Limited of Karjan, Taluka Kamrej of District Surat. That the society took steps for the recovery of its dues under the Gujarat Cooperative Societies Act and ultimately a certificate under section 106 of the said Act was issued and consequent thereupon the Special Recovery Officer, Sura