C/SCA/12410/2018 ORDER DATED: 04/05/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12410 of 2018
With
R/SPECIAL CIVIL APPLICATION NO. 16533 of 2018
With
R/SPECIAL CIVIL APPLICATION NO. 16530 of 2018
With
R/SPECIAL CIVIL APPLICATION NO. 16531 of 2018
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MALI MANIBEN AASUJI
Versus
STATE OF GUJARAT
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Appearance:
MR PARESH A. PATEL(5456) for the Petitioner(s) No. 1
MS TANUSHREE SHRIMAL, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 04/05/2023
COMMON ORAL ORDER
1. The present group petitions are filed by challenging the impugned orders dated 13.04.2018 passed in Civil Misc. Appeal No.23 of 2013, Civil Misc. Appeal No.20 of 2013, Civil Misc. Appeal No.21 of 2013 and Civil Misc. Appeal No.22 of 2013 respectively in the captioned petitions by the learned 10 th Addl. District & Sessions Judge, Banaskantha at Palanpur as well as the orders dated 30.3.2013 passed below Exh.5 application in Regular Civil Suit No.114 of 2012, below Exh.5 application in Regular Civil Suit No.109 of 2012, below Exh.5 application in Regular Civil Suit No.112 of 2012 and Page 1 of 3 Downloaded on : Sat May 06 20:43:04 IST 2023 C/SCA/12410/2018 ORDER DATED: 04/05/2023 below Exh.5 application in Regular Civil Suit No.111 of 2012 respectively in the captioned petitions by the learned 3 rd Addl. Civil Judge, Palanpur. All the captioned petitions are identical in nature, which are confirmed by the learned Trial Court.
2. Since all the captioned matter are identical in nature, all the matters are taken together for hearing.
3. When the matters are called out, learned advocate Mr. Paresh A. Patel for the petitioner in respective petitions has submitted that the trial is already commenced in the respective suits and it is at the stage of recording of evidence of defendant/s.
4.1 Considering the fact that both Courts have found concurrently in favour of present respondent and since there is concurrent findings of fact, the Court is not inclined to interfere in the findings of the learned Court below, as otherwise also, there is no infirmity or impropriety committed by the learned Court below in the impugned order in the respective petitions and more particularly, in view of the judgment of the Apex Court in the case of Garment Craft versus Prakash Chand Goel reported in (2022) 4 SCC 181, in which the Hon'ble Apex Court has stated that Page 2 of 3 Downloaded on : Sat May 06 20:43:04 IST 2023 C/SCA/12410/2018 ORDER DATED: 04/05/2023 supervisory jurisdiction of High Court when to be exercised, more particularly, paragraph 15 to 17, and therefore, this Court is not inclined to interfere in the impugned orders in respective petitions.
4.2 However, since the suit proceedings are already right for hearing and proceeded further, it is appropriate to direct the learned Trial Court concerned in all the captioned petitions to expedite the suit proceedings as expeditiously as possible, preferable on or before 31.12.2023 and decide such suit proceedings in all the respective petitions after giving proper opportunities to the parties, and the same shall be decided in accordance with law.
5. It is clarified that parties shall co-operate in the suit proceedings without taking unnecessary adjournments.
6. The present group of petitions are disposed of accordingly.
Notice stands discharged.
(SANDEEP N. BHATT,J) DIWAKAR SHUKLA Page 3 of 3 Downloaded on : Sat May 06 20:43:04 IST 2023