Gujarat High Court
Amrutben Madhabhai Savaliya vs Ramjibhai Govindbhai Chovatiya on 30 November, 2023
NEUTRAL CITATION
C/SCA/5404/2020 ORDER DATED: 30/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5404 of 2020
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AMRUTBEN MADHABHAI SAVALIYA
Versus
RAMJIBHAI GOVINDBHAI CHOVATIYA
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Appearance:
MR HASIT H JOSHI(2480) for the Petitioner(s) No.
1,2,3,4,4.1,4.2,4.3,5,5.1,5.2,5.3
RULE SERVED BY DS for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 30/11/2023
ORAL ORDER
1. Heard learned advocate Mr. Hasit H. Joshi for the petitioners. Though rule of this Court served upon the respondents, none appeared.
2. On the request made by learned advocate for the petitioners, this petition has been taken up for final hearing.
3. What is sought for in the present petition is for quashing and setting aside the order passed by Page 1 of 4 Downloaded on : Mon Dec 04 20:35:58 IST 2023 NEUTRAL CITATION C/SCA/5404/2020 ORDER DATED: 30/11/2023 undefined the learned Principal District Judge, Jamnagar below Exh.5 dated 4.2.2020 in Regular Civil Appeal No.20 of 2019 and further prayed for the suspension of execution proceedings namely Regular Darkhast No.66 of 2016. It is the case of the present petitioners that a decree for possession was passed in Regular Civil Suit No.224 of 2002 on 12.5.2016. The present petitioners were directed to handover the possession of the disputed land.
4. Learned advocate for the petitioners has read out the grounds mentioned in the memo of petition and submitted that the petitioners are ready and willing to proceed with the Regular Civil Appeal No.20 of 2019 and has prayed for the suspension of the execution proceedings.
5. Having considered the submissions and the Page 2 of 4 Downloaded on : Mon Dec 04 20:35:58 IST 2023 NEUTRAL CITATION C/SCA/5404/2020 ORDER DATED: 30/11/2023 undefined averments made in the memo of the petition, it transpires that the respondent - herein is waiting to enjoy the fruits of judgment and decree which is passed on 12.5.2016. It is also to be noticed that after the judgment and decree, after about three years, the Regular Civil Appeal came to be preferred being Regular Civil Appeal No.20 of 2019. The learned trial Court has considered overall factual aspects of the matter and has found that the conduct of the present petitioners do not warrant any equitable relief to be granted in favour of the petitioners and hence on 4.2.2020, the application Exh.5 came to be rejected.
6. In my opinion, the learned District Judge has not committed any error while deciding the Exh.5 application. On the contrary, the conduct of the present petitioner is such that after sitting for Page 3 of 4 Downloaded on : Mon Dec 04 20:35:58 IST 2023 NEUTRAL CITATION C/SCA/5404/2020 ORDER DATED: 30/11/2023 undefined almost three years, the appeal came to be filed and that too after the plaintiff filed Regular Darkhast No.66 of 2016 wherein the application was tendered in the year 2018 for the issuance of the warrant under Order 21, Rule 35 of the Code of Civil Procedure.
7. In the totality of the facts, this Court is of the view that there is no infirmity or illegality in the order impugned. Hence, this petition cannot be entertained and the same is dismissed with no order as to costs. Rule is discharged.
(D. M. DESAI,J) VATSAL Page 4 of 4 Downloaded on : Mon Dec 04 20:35:58 IST 2023