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2021 Supreme(Guj) 459

BELA M.TRIVEDI
Savitriben Mayarambhai Thakkar – Appellant
Versus
Pandya Harshkantbhai Dahyabhai – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. Niyati K. Shah.
For the Respondent: Mr. Nirav C. Sanghavi.

JUDGMENT :

BELA M. TRIVEDI, J.

1. The present petition has been filed by the petitioner Savitriben Mayarambhai Thakkar under Article 226/227 of the Constitution of India, challenging the order dated 16.7.2014 passed by the Principal Civil Judge, Radhanpur (hereinafter referred to as the “Executing Court”) below Exh.14 in Execution Petition No. 4 of 2013, whereby the Executing Court has rejected the said Application filed by the petitioner for impleading her as the party opponent in the Execution Petition.

2. The present petition has a checkered history. The short facts as necessary to decide the present petition are that the respondent No. 1 Pandya Harshkantbhai Dahyabhai had filed a suit being Regular Civil Suit No. 68 of 1980 against the respondent No. 2 i.e. Patel Vasantlal Prabhulal and the father of the respondent No. 3 i.e. Ambaram Thakkar for redemption of the mortgage in respect of the suit property. A preliminary decree came to be passed in the said suit on 9.9.1983, against which an appeal being Civil Appeal No. 87 of 1983 was filed by the respondent No. 2 and the father of the respondent No. 3 (original defendants-judgment debtors). On 22.1.1993, the father of the responden

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