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2012 Supreme(Guj) 151

M.R.SHAH
Municipal Corporation of City of Ahmedabad – Appellant
Versus
Gujarat Electricity Board – Respondent


Appearance :
H.L. Patel, Advocates, for the Applicant No. 1.
Mr. Dipak R. Dave, for the Opponent No. 1.

Judgment

M.R. Shah, J.—Present Civil Revision Application under section 115 of th4 Code of Civil Procedure has been preferred by the petitioner - original respondent / judgement debtor to quash and set aside the impugned order dated 26/7/2011 passed by the learned Small Causes Court, Ahmedabad below application Ex.35 in Execution Petition No. 333 of 2008, by which the learned executing Court has dismissed the said application Ex.35 submitted by the petitioner - judgement debtor for recording the adjustment under Order 21 Rule 2(a) of the Code of Civil Procedure.

2. That the respondent herein – original appellant initiated proceedings before the learned Small Causes Court, Ahmedabad against the petitioner Corporation under the provisions of the Bombay Provincial Municipal Corporations Act challenging rateable value fixed by the petitioner with respect to the premises in question for the Assessment Year 1997-98. It appears that the learned Small Causes Court partly allowed the said Municipal Valuation Appeal No. 3349 of 1998 and fixed GRV of premises at Rs. 62,000/- for the Assessment Year 1997-98. The learned appellate Court also further directed to give effect of the judgement within












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