Authority: High Court of Gujarat at Ahmedabad
Order Date: 16/07/2026
Case Overview
- Parties: petitioner Sureshbhai Manibhai Patel versus Mount NagriK Sahakari Bank Ltd. (formerly Aadarsh Cooperative Bank Ltd.) and others.
- Nature: Civil Revision Application No.331 of 2026 filed under Section 115 of the Code of Civil Procedure, 1908, seeking to quash the order dated 07‑05‑2026 passed in Special Execution Application No.04 of 2024/2026.
- Allegations: Petitioner objected to the calculation of the Chartered Accountant prepared by the respondent‑applicant in the execution petition, claiming the executing court ignored these objections and ordered payment by the petitioner and other judgment‑debtors.
- Relief Sought: (A) Call for records of Special Execution Application No.04 of 2024, examine legality of the May 7, 2026 order, and quash it; (B) Stay the eviction order dated 07‑05‑2026 pending admission hearing and final disposal.
- Court’s Observations: The court found the petitioner's request reasonable, allowing the petitioner to approach the executing court with an application highlighting the non‑consideration of his objections.
- Procedural Direction: The petitioner may request the executing court to defer the proceedings scheduled for 04‑08‑2026 until the outcome of his application is determined.
Final Outcome
- The High Court, without expressing any opinion on the merits, disposed of the revision petition, directing the petitioner to file the appropriate application before the executing court and permitting deferment of the August 4, 2026 hearing. No further order was issued on the substantive merits of the eviction order.
Topics: Court Proceedings, Banking Litigation