Gujarat High Court
Dipal Mehta S/O Rashmikant Mehta vs Paksh Developers Private Limited on 13 December, 2023
Author: Ashutosh Shastri
Bench: Ashutosh Shastri
NEUTRAL CITATION
C/CA/1925/2023 ORDER DATED: 13/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR LEAVE TO APPEAL) NO. 1925 of 2023
In
F/FIRST APPEAL NO. 33446 of 2023
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DIPAL MEHTA S/O RASHMIKANT MEHTA
Versus
PAKSH DEVELOPERS PRIVATE LIMITED
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Appearance:
MR. JAYNEEL S PARIKH(7062) for the Applicant(s) No. 1
NOTICE NOT RECD BACK for the Respondent(s) No. 2,3,4
NOTICE SERVED for the Respondent(s) No. 1
NOTICE UNSERVED for the Respondent(s) No. 5
MR RAVI PAHWA for THAKKAR AND PAHWA ADVOCATES(1357) for the
Respondent(s) No. 6
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CORAM:HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI
and
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 13/12/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI)
1. When the matter is taken up for hearing, Mr. Jayneel Parikh, learned advocate appearing for the applicant has submitted that the present proceedings are identically situated to that of other First Appeals which are already entertained by this Court and in one of such First Appeals also, leave to appeal has been granted by a detailed order and as such, has requested that since the present applicant is directly and substantially affected with the outcome and further in view of fact that Page 1 of 3 Downloaded on : Thu Dec 14 20:42:22 IST 2023 NEUTRAL CITATION C/CA/1925/2023 ORDER DATED: 13/12/2023 undefined identical matters having been admitted, the present leave to appeal be granted in the interest of justice.
2. To this submission, learned advocate Mr. Ravi Pahwa, who has received instructions to appear for one of the contesting respondent has submitted that he may be permitted to file Vakalatnama on behalf of the contesting respondent and has not disputed the fact about leave to appeal granted in other proceedings. Considering the broad submissions and in view of the assertion which has been made in the present proceedings, we deem it proper to consider the request of the applicant to grant leave to appeal so as to give a fair chance to assail the impugned order.
2.1. In addition thereto, while considering this request, we have perused the decision delivered by this Court on 08.09.2023 rendered in Civil Application No. 610 of 2023 with Civil Application No. 722 of 2023, wherein also leave has been sought for and granted and the said fact having not in dispute, we allow the present application and grant leave to appeal so as to enable the applicant to challenge the legality and validity of the Page 2 of 3 Downloaded on : Thu Dec 14 20:42:22 IST 2023 NEUTRAL CITATION C/CA/1925/2023 ORDER DATED: 13/12/2023 undefined impugned judgment and order dated 31.03.2023 passed by the learned Principal Senior Civil Judge, Kalol in Special Civil Suit No. 32 of 2019.
3. With the aforesaid observations, the present application stands disposed of.
(ASHUTOSH SHASTRI, J) (HEMANT M. PRACHCHHAK,J) phalguni Page 3 of 3 Downloaded on : Thu Dec 14 20:42:22 IST 2023