SURESHBHAI MANIBHAI PATELversusMOUNT NAGRIK SAHAKARI BANK LTD. (FORMERLY KNOWN AS AADARSH COOPERATIVE BANK LTD.)
- Disposal
- 56-DISPOSED AT ADMISSION STAGE
- Bench
- MAULIK SHELAT
Holding
The revision petition is disposed without merits, permitting the petitioner to file an application before the executing court to raise his objections and seek a stay of the execution proceedings.
Summary
The petitioner, Sureshbhai Manibhai Patel, filed a civil revision under Section 115 of the Code of Civil Procedure, 1908, challenging an order dated 07.05.2026 passed by the Senior Civil Judge, Petlad, in Special Execution Application No.04 of 2024. The petitioner alleged that the executing court had ignored his objections to the Chartered Accountant’s calculation of the debt and directed payment without considering those objections. He sought quashing of the impugned order and a stay of the eviction proceedings pending his application to the executing court. The High Court, after hearing counsel, held that the petitioner may file an appropriate application before the executing court to raise his objections and request a deferment of the hearing scheduled for 04.08.2026. The court disposed of the revision petition without expressing any opinion on the merits, directing the petitioner to approach the executing court and allowing a stay of proceedings if so requested.
Issues considered
- What is the appropriate remedy for a petitioner whose objections to a Chartered Accountant’s calculation were not considered by the executing court?
- Whether the order of the Senior Civil Judge dated 07.05.2026 can be quashed or stayed by a civil revision under Section 115 CPC.
Legislation cited
Subjects
Judgment
C/CRA/331/2026 ORDER DATED: 16/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL REVISION APPLICATION NO. 331 of 2026
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SURESHBHAI MANIBHAI PATEL
Versus
MOUNT NAGRIK SAHAKARI BANK LTD. (FORMERLY KNOWN AS
AADARSH COOPERATIVE BANK LTD.) & ORS.
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Appearance:
MR. CHINMAY S. UPADHYAY(13886) for the Applicant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 16/07/2026
ORAL ORDER
1. Heard Mr.Chinmay S. Upadhyay, learned advocate for
the petitioner.
2. This Civil Revision Application is filed under Section 115
of the Code of Civil Procedure, 1908, seeking the following
reliefs:
“(A) Your Lordship may be pleased to call for record
and proceedings of special execution Application
No.04 of 2024 from the Hon'ble Principle Senior civil
Judge, Petlad and after perusing the illegality and
propriety of the order dated 07.05.2026 passed below
Annexure-A to the present application and further be
pleased to quash and set aside the impugned order
dated 07.05.2026 passed below at Annexure-A to the
present application in special execution Application
No.04. of 2026 from the Hon'ble principle Senior civil
Judge, Petlad at ANNEXURE-A.
(B) Pending the admission hearing and final disposal
of the application, Your Lordship may be pleased to
stay the impugned order of eviction of from the suit
property dated 07.05.2026 passed below at Annexure-
A special execution Application No.04 of 2026 from
Page 1 of 3
C/CRA/331/2026 ORDER DATED: 16/07/2026
the Hon'ble principle Senior civil Judge, Petlad at
ANNEXURE-A.”
3. At the outset, Mr.Upadhyay, learned advocate, would
submit that despite objections filed by the petitioner against
the calculation of the Chartered Accountant submitted by the
respondent- applicant of the execution petition, the executing
Court vide its order dated 07/05/2026 impugned in this
petition does not consider such objections and directed the
petitioner along with other judgment-debtors to pay the
amount as per the impugned order.
4. After arguing for some time, under the instruction of his
client, Mr.Upadhyay, learned advocate, would request this
Court that the petitioner may be permitted to approach the
executing Court by an appropriate application drawing
attention of the executing Court that the objections raised by
the petitioner against the calculation of the Chartered
Accountant submitted by the applicant of the execution
petition are not taken into account and the impugned order
dated 07/05/2026 was passed by the executing court.
4.1 It is also requested that since the next date of the
proceeding of the execution is fixed on 04/08/2026, the
aforesaid application may be decided at the earliest by the
executing Court.
5. Having heard the learned advocate for the petitioner and
considering the request made on behalf of the petitioner, it
appears reasonable and requires acceptance.
Page 2 of 3
C/CRA/331/2026 ORDER DATED: 16/07/2026
6. It is open for the petitioner to file an appropriate
application before the executing Court drawing the attention
of the executing Court about the non-consideration of his
objections filed against the calculation of the Chartered
Accountant submitted by the applicant of the execution
petition. As and when such application will be received by the
executing Court, after giving a reasonable opportunity to the
respective parties, such application shall be decided as
expeditiously as possible keeping in mind the fact that the
next date of hearing fixed by the executing Court is
04/08/2026.
7. It is open for the petitioner to request the executing
Court to defer the proceedings which may be taken up on
04/08/2026 until the outcome of the application which may be
filed by the petitioner as aforesaid.
8. In view of the aforesaid, without expressing any opinion
on merits, at this stage, the present petition is disposed of, as
not pressed with the aforesaid direction.
(MAULIK J. SHELAT, J)
GAURAV J THAKER
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: GAURAVKUMAR JANARDANBHAI THAKER(HC00951), Principal Pvt. Secretary, at High Court of Gujarat on 16/07/2026 17:54:49
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