Gujarat High Court
Manojbhai G Sajnani vs Bharatbhai R Bhatt on 29 November, 2023
NEUTRAL CITATION
C/SCA/9906/2016 ORDER DATED: 29/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9906 of 2016
With
R/SPECIAL CIVIL APPLICATION NO. 6081 of 2016
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MANOJBHAI G SAJNANI
Versus
BHARATBHAI R BHATT
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Appearance:
MR DHRUV K DAVE(6928) for the Petitioner(s) No. 1
MR JAMSHED KAVINA FOR MR SP MAJMUDAR(3456) for the
Respondent(s) No. 1
ULLASH N GOHIL(8357) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 29/11/2023
ORAL ORDER
1. Heard learned advocates for the respective parties. Perused the record.
2. By way of this petition, the petitioner has challenged the order dated 21/03/2016 passed by the 2nd Additional Senior Civil Judge, Vadodara, in Civil Misc. Application No. 154 of 2014. The learned trial Court while passing the impugned order, the learned trial Court has imposed condition of 50% of the principal amount of Page 1 of 4 Downloaded on : Fri Dec 01 20:38:26 IST 2023 NEUTRAL CITATION C/SCA/9906/2016 ORDER DATED: 29/11/2023 undefined Rs.20,19,146/-, the said amount was to be deposited within 30 days.
3. On imposing of the said condition, the ex-parte decree passed in Spl. Summary Suit No.678 of 2008 dated 01/08/2012 is set aside and the suit was restored.
4. During the course of hearing, upon oral instructions from respective parties, a consensus was arrived at that since the suit is of the year 2008 and the parties are litigating since 2008, it is submitted by the learned advocates for the parties that parties have no objection if the proceedings of the suit are to be restarted from the date of order i.e. 21.03.2016, whereby the suit was restored, interest of justice would be served.
5. In view of the aforesaid submissions, the impugned order dated 21.03.2016 passed by the 2 nd Additional Senior Civil Judge, Vadodara, in Civil Misc. Application No. 154 of 2014 is modified to the extent of imposing of condition of depositing 50% of principal amount of Rs.20,19,146/- is hereby quashed and set aside. The remaining order shall remain as it is.
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6. The original defendants are permitted to defend Special Summary Suit No. 678 of 2008.
7. It is directed that the plaintiff is permitted to file Summons for Judgment affidavit within 15 days from receipt of this order and on serving of the Summons for Judgment, the defendant shall file Leave to Defend Affidavit within 10 days from the service of Summons for Judgment.
8. After completing the aforesaid exercise, the learned trial Court shall hear and decide the Summons for Judgment as well as Leave to Defend Affidavit, on merits as early as possible. The parties shall cooperate for such hearing without asking for any unnecessary adjournments.
9. This Court has not gone into the merits of the case. All the contentions of the parties are left open and learned trial Court shall decide the Summons for Judgment and Leave to Defend purely on the basis of evidence and in accordance with law. Page 3 of 4 Downloaded on : Fri Dec 01 20:38:26 IST 2023
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10. Looking to the above observations, the present petition is hereby disposed of accordingly.
(D. M. DESAI,J) B. J. Thaker Page 4 of 4 Downloaded on : Fri Dec 01 20:38:26 IST 2023