R. K. ABICHANDANI, J.

( 1 ) THE appellant - Municipal Corporation has challenged the judgement and order of the learned Single Judge quashing the proceedings initiated by the respondent corporation for the sale of the property scheduled in the petition and restraining the corporation from selling or attempting to sell by public auction or otherwise the property in question and from taking any steps against the property for recovery of its property tax dues for the period prior to the auction sale.

( 2 ) THE respondent - petitioner had prayed for a direction against the municipal corporation for not proceeding with the sale of the property for realisation of its dues in respect of that property for any period between 24th February 1955 and 17th July 1973. According to the petitioner, since it had purchased the property bearing survey No. 70 admeasuring 6050 sq. yards (1 Acre and 7 Gunthas approximately), which was specified in the schedule to the petition, in a public auction which was held on 17th July 1973 by the Commissioner for taking Accounts pursuant to the orders made in Darkhast No. 304 of 1971 by the Ahmedabad City Civil Court for execution of the mortgage decree obtained by

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