JASHWANTLAL NATVERLAL THAKKAR Vs. SUSHILABEN MANILAL DANGERWALA
HIGH COURT OF GUJARAT
JASHWANTLAL NATVERLAL THAKKAR
SUSHILABEN MANILAL DANGERWALA
Referred Judgements :-
BABU RAMA CHAUGULE V. THE GOODWILL BANK LTD. MIRAJ
KONDIPALLI TATIREDDY V. D. RAMACHANDRA ROW UPPALURU AND ANOTHER
RUSTOMJI ARDESHIR COOPER V. BYRAMJI BOMANJI TALATI
MANTHIRI GOUNDAN V. ARUNACHALAM GAUNDAN AND ANOTHER
A.SWAMINATHA ODAYAR V. KALYANARAMA AYYANGAR AND ANOTHER
RAMCHANDRA GENUJI THOSAR V. SHRIPATI SUKAJI GADE AND OTHERS
C.S.PONNUSWAMI MUDALIAR V. SUBBARAYA MUDALIAR AND OTHERS
SAYAD DAUD SAYAD MAHOMED VS. MULNA MAHOMED SAYAD
TRIBHOVANDAS NAROTAMDAS VS. ABDULALLY HAKIMJI PAGHDIVALLA
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(1.)This appeal arises out of the order of the learned Judge City Civil Court Ahmedabad dismissing the application preferred by the present appellant under order 21 rule 90 Civil Procedure Code for setting aside the sale on the ground of irregularities and illegalities as per particulars mentioned in the application.
(2.)When this appeal came up for hearing before me a preliminary objection was taken by Mr. M. D. Pandya learned Advocate for the respondent No. 1 (original judgment-creditor) that the present appeal filed by the insolvent-appellant is incompetent as on the date of the appeal he had no interest in the property. He urged that the insolvency court had already passed an order appointing an official receiver in whom the interest of the insolvent in the property had already vested. Mr. Pandya therefore urged that as the insolvent has no locus standi to file the present appeal the appeal deserves to be dismissed summarily.
(3.)In support of his submissions Mr. Pandya referred to several decisions to which I will refer in due course.
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