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2023 Supreme(Guj) 96

VAIBHAVI D. NANAVATI
ANANDKUMAR DHANSUKHBHAI JOSHI – Appellant
Versus
DISHA NITESHKMAR TECHWANI – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: DHAVAL V. SHAH.
For the Respondents: H.J. KARATHIYA, NISARG D. SHAH.

ORDER :

1. By way of present petition under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the order dated 18.06.2022 passed by the learned 5th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Gandhidham-Kutch, in Execution Petition No. 74 of 2018 as well as the order dated 09.05.2018 passed by the learned 3rd Additional Senior Civil Judge, Gandhidham-Kutch, in Special Civil Suit No. 26 of 2015.

2. The brief facts leading to the filing of present petition reads thus:

    2.1 The daughter of the petitioner i.e. Aakansha was having heart ailment and was required to be operated however, because of financial condition of the petitioner, it was not possible for the petitioner to meet with the said expenses which was approximately Rs. 10,00,000/-. The petitioner thought it fit to get his daughter operated and to collect the amount from his nearby friends and relatives. As the petitioner could not collect the required amount, the petitioner approached the respondent herein and requested for some help. The respondent herein asked for some security towards the said amount given to the petitioner and pursuant thereto, the petitioner executed

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