He was one of the partners of Shree Swaminarayan '& Company Partnership Firm. Through a registered sale deed dated 11.01.1982, he sold this property in favour of the aforesaid Partnership Firm. Later, the Firm availed the loan facilities with I6' Respondent Bank and deposited the original title deeds oh 30.10.1987 and created mortgage by deposit title deeds. On 18.03.1989, the deceased Respondent No.2 had given a letter for the extension of mortgage in connection with the enhanced loan facility. Thereafter, on 01.10.1996, a deed of dissolution of Partnership Firm was executed showing the 2nd Respondent as a retired partner and that Partnership Firm said to have been converted into a sole proprietary concern of Petitioner/Appellant herein. Since, there was no repayment of loan due to Bank, the Bank had filed Special Civil Suit No. 2275/1993 and that Suit was later transferred to DRT-I, Ahmedabad and taken on file as TA No. 725/1995. TA. No 725/1995 was allowed on 17.02.2009. In 2013, M.A. No. 01/2013 was-filed for reviewing the order passed in TA. No. 725/1995 and that was dismissed on 29.04.2025. Against the said dismissal, the Appeal in Diary No.758/2025 is filed along with Application. It is not known under what provision and under what legal basis, the Partnership Firm was converted as sole Proprietary Concern and the Petitioher/Appellant makes his claim on the basis of his sole Proprietor Concern, especially, when the Partnership Firm. borrowed the loan on the basis of mortgage created in respect of the property owned by Partnership Firm. Learned Counsel for l8t Respondent further submitted that the loan due. as of 01.05.2025 is Rs.65,25,693.30p.
