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2007 Supreme(Guj) 181

R.S.GARG
DAHYABHAI DAYALBHAI ROHIT – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: DHIRENDRA MEHTA, HARIN P.RAVAL, L.R.PUJARI

R. S. GARG, J.

( 1 ) SHRI H. P. Raval, learned counsel for the petitioner; Shri L. R. Pujari, learned agp for the respondents no. 1,2 and 3, Shri dhirendra K. Mehta, learned counsel for respondent no. 4.

( 2 ) THE short facts necessary for disposal of the present writ application are that the Bank of Baroda, somewhere in the year 1975 filed Special Civil Suit No. 64 of 1976 against Jayantilal Chunilal Modi and bhagvandas Chunilal Modi for recovery of principal amount of Rs. 7,000/- and interest thereon. The suit was ultimately decreed by the learned Civil Judge [senior Division], bharuch and decree was granted in favour of the Bank of Baroda against the said defendants. In the year 1981, Special darkhast/execution Application No. 23 of 1981 was filed by the Bank of Barodc against the Judgment Debtors for recovery of rs. 25,810/ -. As the money was not paid by the Judgment Debtors, certain properties of the Judgment Debtors which were mortgaged with the Bank were asked to be auctioned. On 19. 7. 83, a public notice was issued, notifying that Blocks No. 9259 and 9256 belonging to the Judgment Debtors would be auctioned to satisfy the decree passed in Special Civil Suit No. 64 of 1976












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