JUDGMENT :

S.R. Brahmbhatt, J.

The petitioner, the applicant in exhibit-43 application preferred in Special Darkasht No.81 of 2007 in the Civil Judge (SD) Court, Vadodara, has filed this petition, inter alia challenging the order dated 23/2/2010 where under the Court has rejected the application exhibit-43 filed by the petitioner under Order-XXI Rule 89 & 90 of Civil Procedure Code for setting aside the sale of the properties in question.

2. Facts in brief leading to filing this petition as could be culled out from the memo deserve to be set out as under:

The petitioner happened to be a partner in a firm called Abhilasha Construction, respondent no.2. The partnership firm obtained financial assistance from respondent no.1 Co-Operative Bank. The loan could not be repaid and hence the bank had to file Summary Lavad Suit No.356 of 2004 against the petitioner as well as other partners of the said partnership firm. During pendency of said suit, as stated by the petitioner in the memo, the partnership firm applied for releasing 12 flats and 2 pent houses on condition of depositing 65.00 lakhs. The Board of Nominee vide its order dated 13/5/2005 conditionally permitted the release of said pro