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2015 Supreme(Guj) 462

J.B.PARDIWALA
Kanaiyanand – Appellant
Versus
Bindadevi Hiranand Pandey – Respondent


Advocates:
Advocate Appeared:
For the Appellant: Mrudul M. Barot
For the Respondents: R.F. Bhagat

Judgment

J.B. Pardiwala, J.

1. By this application under Art. 227 of the Constitution of India, the petitioner calls in question the legality and validity of the order dated 6th August, 2012 passed by the Sub-Divisional Magistrate and City Deputy Collector (East), Ahmedabad, in M.A.G./C.R.P.C. -145/Case No. 6 of 2011. By the said order, the Sub-Divisional Magistrate, in exercise of his powers under Sec. 146 of the Code of Criminal Procedure, ordered attachment of the property in question, directing the Police Inspector of the Odhav Police Station to be in-charge of the disputed property till the rights of the parties were determined by the competent Civil Court.

2. The facts giving rise to this petition may be summarised as under:

"The dispute between the parties is with respect to an industrial shed constructed on Plot No. 336 of the Gujarat Vehpari Mahamandal Sahakari Audhyogik Vasahat Limited, situated at Odhav."

3. To put it briefly, the case of the private respondents herein before the authority was that the industrial shed running in the name of the H.K. Engineering Works is a partnership asset. According to the private respondents, a partnership deed was executed between them and

















































































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