C/CRA/158/2023 ORDER DATED: 23/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL REVISION APPLICATION NO. 158 of 2023
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LHR OF DECD SHYAMUBHAI RAMUBHAI SURANI
Versus
HEIRS AND LEGAL REPRESENTATIVES OF DECD. JAYANTILAL
NATHALAL SHAH AMIT JAYANTILAL SHAH
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Appearance:
MR SP MAJMUDAR(3456) for the Applicant(s) No.
1,1.1,1.2
MR UMANG R SHAH(12013) for the Applicant(s) No.
1,1.1,1.2
for the Opponent(s) No. 2,2.1,2.2
MR ARPIT A KAPADIA(3974) for the Opponent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 23/03/2023
ORAL ORDER
1. By way of this civil revision application, the applicants have prayed for the following reliefs:-
(A) YOUR LORDSHIPS may be pleased to call for the record and proceedings of Regular Civil Appeal No.186 of 2018 from the Court of learned 8th Additional District Judge, Vadodara and further be pleased to quash and set aside judgment and order dated 11.11.2022 passed by learned 8th Page 1 of 4 Downloaded on : Fri Mar 24 20:42:42 IST 2023 C/CRA/158/2023 ORDER DATED: 23/03/2023 Additional District Judge, Vadodara, in Regular Civil Appeal No.186 of 2018 (at ANNEXURE-G hereto);
(B) During pendency and final disposal of the present application, YOUR LORDSHIPS may be pleased to stay further operation, implementation and execution of judgment and order dated 11.11.2022 passed by learned 8th Additional District Judge, in Regular Civil Appeal No.186 of 2018 (at ANNEXURE-G hereto);
(C) Such other and further reliefs as may be deemed just and proper in the facts and circumstances of the present case may kindly be granted."
2. The matter was heard at length however, learned advocate Mr. S.P. Majumdar and learned advocate Mr. Arpit A. Kapadia, upon instructions of their respective clients, both jointly request that they do not invite a reasoned order and the impugned order may be quashed and matter may be remanded back to the Appellate Court for adjudicating the Regular Civil Appeal No.186 of 2018 afresh considering the fact that the Page 2 of 4 Downloaded on : Fri Mar 24 20:42:42 IST 2023 C/CRA/158/2023 ORDER DATED: 23/03/2023 original suit is of year 1997.
3. In view of the aforesaid consensus arrived at between the parties and joint request, the impugned order dated 11.11.2022 is hereby quashed and set aside and the matter is remanded back to the Court of learned 8th Additional District Judge, Vadodara or which ever the Court that is assigned the hearing of Regular Civil Appeal No.186 of 2018 for adjudicating the Regular Civil Appeal No.186 of 2018 deciding afresh.
4. learned advocates appearing for the respective parties state that the Appellate Court may be directed to hear and decide the appeal within a period of six months from the date of receipt of the writ of this order.
5. In view of that the Appellate Court is directed hear and decide the Regular Civil Appeal No.186 of 2018 latest by 31.10.2023.
6. It is clarified that as the parties have not Page 3 of 4 Downloaded on : Fri Mar 24 20:42:42 IST 2023 C/CRA/158/2023 ORDER DATED: 23/03/2023 invited a reasoned order, the Appellate Court is directed to decide the appeal without being influenced by the order of this Court on its own merits.
7. With the aforesaid directions, the present Civil Revision Application stands disposed of.
(NIRZAR S. DESAI,J) Pallavi Page 4 of 4 Downloaded on : Fri Mar 24 20:42:42 IST 2023