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2024 Supreme(Online)(GUJ) 2421

HIGH COURT OF GUJARAT
MR. JUSTICE SANDEEP N. BHATT, J
HARISHBHAI KANTILAL PATEL – Appellant
Versus
TEXTILE CO-OP. HOUSING SOCIETY LTD. – Respondent


Advocates:
MR MIHIR JOSHI, SENIOR ADVOCATE WITH MR DIPEN DESAI for the Petitioner(s) No. 1,2,3 for the Respondent(s) No. 2,3,4,5,5.1,5.2,5.3 ABHISST K THAKER for the Respondent(s) No. 1

ORAL ORDER

1. This petition is filed under Article 227 of the Constitution of India praying to quash and set aside the order dated 12.2.2024 passed the learned Judge, Court No.22, City Civil Court, Ahmedabad in Application below Exhibits 28, 29, 53 and 130 in Civil Suit No.767 of 2005, whereby the learned Court below has appointed Court Receiver and has directed to attach the suit property and has further directed the Court Receiver to receive the suit property de jure.

2. The brief facts leading to filing of this petition, as stated in the memo, are as under:

2.1 The petitioners are third parties. The suit is filed by the respondent no.1 seeking decree of specific performance of the agreements to sale dated 13.8.1997 and 5.8.2003 respectively which were executed with the respondent nos.2 to 5 herein, with respect of land bearing survey number 330 admeasuring 7183 sq.mtrs. of village Hansol or in the alternative, sought for Rs.1,27,04,967/- as damages and also refund of Rs.45,324/- paid as part payment with interest at the rate of 18%. That the defendants in the said suit gave applications below Exh.16 on 4.5.2005 praying to grant adjournment for filing reply to the suit and till the

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