(1.) HEARD learned advocate Mr.P.R.Nanavati for the petitioner.
(2.) RULE . Learned APP Mr.K.P.Raval waives service of notice of Rule on behalf of respondent No.1 State. Respondent No.2 original complainant, though served, has chosen not to file appearance.
(3.) IT appears that complaint is filed against the present petitioner by respondent No.2 alleging that the petitioner, who is the original owner of the property, has suppressed the material fact, viz., property in question is mortgaged with the bank. It is the say of the complainant that despite the fact that petitioner has taken loan from the bank by placing the flat in question as a security, the petitioner has sold the said flat to the respondent No.2 original complainant.