1. The present Civil Revision Application under Section 115 of the Code of Civil Procedure has been preferred by original petitioner No.1 – Naranbhai Amthalal Panchal - original judgement-debtor now through his heirs and legal representatives as he died during the pendency of the proceedings as well as Kirti Thermoplast Engineering Works through its partners challenging the impugned order dated 10/03/1998 passed by learned Executing Court – City Civil Court, Ahmedabad in Execution Application No.324 of 1998, by which, objections raised by the original petitioner - judgement-debtor have been overruled and learned Executing Court has directed to issue possession warrant.
2. After the matter was argued for sometime, Mr.K.V.Shelat, leaned advocate appearing on behalf of the applicants herein does not press the present civil revision application and seeks permission to withdraw the present Civil Revision Application by submitting that as the petitioner No.2 herein – Kirti Thermoplast Engineering Works is claiming to be in possession of the suit property, for which, possession warrant is directed to be issued, it would like to submit objections at the time of execution of the judgement-decree passed by learned Trial Court as well as award declared by the learned Arbitrator as third party as provided under Order 21 Rule 99/97.
3. Mr.Utpal Panchal, learned advocate appearing on behalf of the respondent herein- judgement-creditor has stated at the bar that learned Arbitrator has considered every aspect. However, it is required to be noted that it is always open for the judgement-creditor to raise objections against the objections raised by third party.
4. In view of the above, the present Civil Revision Application is dismissed as withdrawn with above liberty in favour of the petitioner No.2 and its partners to raise objections as provided under Order 21 Rule 99/97, if provided under law and as and when such objections are raised, the same be considered in accordance with law and on merits considering scope and ambit of Order 21 Rule 99/97. Rule is discharged with above liberty. Ad-interim relief, if any, stands vacated forthwith.
[M.R.SHAH,J] *dipti