GAUTAM TRADING COMPANY Vs. UMA TRANSPORT TRADING CO

JUDGEMENT

(1.) Special Civil Application No. 17391 of 2006 : This petition, though styled as a petition under Arts. 226 and 227 of the Constitution, is in effect a petition under Art. 227 of the Constitution of India. The petitioner herein is a third party obstructer, respondent No. 1 is the original plaintiff of H.R.P. No. 475 of 1988 while respondent No. 2 is defendant in H.R.P.

(2.) During pendency of execution proceedings, on 24th June, 2003 the third party applicant moved an application Exh. 10, which according to third party applicant, was an obstruction application. The said application was accompanied by another application of even date being Exh. 11 wherein the third party applicant sought permission to exhibit documents annexed with the said application. On the same day one more application came to be moved by the third party applicant being Exh. 18 whereunder the third party applicant sought opportunity to examine judgment-creditor. These three applications were followed by an application Exh. 26 dated 31st March, 2005 seeking stay of execution proceedings.

(3.) The trial Court rejected all the four applications by common order dated 7th April, 2005. The third party applicant carried the same in appeal being Civil Appeal No. 40 of 2005 which came to be dismissed vide impugned order dated 26th July, 2006. It is this order which is in challenge.