Gujarat High Court
Natwarbhai Shakrabhai Patel vs Pushpaben Shakrabhai Patel W/O ... on 15 April, 2025
NEUTRAL CITATION
C/CRA/669/2022 ORDER DATED: 15/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL REVISION APPLICATION NO. 669 of 2022
With
R/APPEAL FROM ORDER NO. 125 of 2024
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
In R/APPEAL FROM ORDER NO. 125 of 2024
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NATWARBHAI SHAKRABHAI PATEL & ORS.
Versus
PUSHPABEN SHAKRABHAI PATEL W/O DWARKADAS PATEL & ORS.
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Appearance:
MR EKANT G AHUJA(5323) for the Applicant(s) No. 1,2,3,4,5,6.1,6.2,6.3
MR BJ TRIVEDI(921) for the Opponent(s) No. 2.1,2.2,2.3
MR BM MANGUKIYA(437) for the Opponent(s) No. 1
MR PRUTHVIRAJ Y GOHIL(13166) for the Opponent(s) No. 5
MR VIMAL A PUROHIT(5049) for the Opponent(s) No. 2.1,2.2,2.3
MS JIGNASA B TRIVEDI(3090) for the Opponent(s) No. 2.1,2.2,2.3
NOTICE SERVED for the Opponent(s) No. 4
NOTICE SERVED BY DS for the Opponent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 15/04/2025
ORAL ORDER
ORDER IN CIVIL REVISION APPLICATION NO. 669 of 2022
1. Rule returnable forthwith. Learned advocate Mr.B.M.Mangukiya waives service of rule on behalf of respondent no.1 and Mr. B.J. Trivedi, learned advocate waives service of rule on behalf of the respondent nos.2.1, 2.2 and 2.3.
2. The present Civil Revision Application is filed under Section 115 of the Civil Procedure Code, 1908 (hereinafter referred to as Page 1 of 8 Uploaded by MOHD MONIS(HC01900) on Wed Apr 16 2025 Downloaded on : Wed Apr 16 22:21:20 IST 2025 NEUTRAL CITATION C/CRA/669/2022 ORDER DATED: 15/04/2025 undefined "CPC") by original defendant Nos.3 to 8 of Civil Suit No.100 of 2021 against the order dated 16/11/2022 passed below Exhibit 22 and 23 by City Civil Court, Ahmedabad, in the aforesaid suit, whereby the trial court has rejected their impugned applications filed under Order 7 Rule 11(a) and (d) of CPC.
3. At the outset, Learned Senior Counsel, Mr. B.B. Naik with Mr.Ekant G. Ahuja would submit that though there are several issues raised by the revisionist - defendant Nos.3 to 8 in their impugned application, except issue of limitation, that too in the reference of Will executed by father of the plaintiffs - defendant nos.3 to 8 is touched upon and rest of the issues are not even answered by the trial court while passing the impugned order. 3.1 Learned senior counsel Mr.Naik would further submit that there is a specific case made out by the revisionists in their impugned application that plaint is not disclosing cause of action, it is a clever piece of drafting, barred by promissory estoppel, separation of fact, non-disclosure of correct and true fact, as well as not submitted requisite documents to maintain the suit. All these issues remain unanswered by the trial court while passing the impugned order.
4. Per contra, learned advocate Mr. Mangukiya and Mr. B.J. Page 2 of 8 Uploaded by MOHD MONIS(HC01900) on Wed Apr 16 2025 Downloaded on : Wed Apr 16 22:21:20 IST 2025 NEUTRAL CITATION C/CRA/669/2022 ORDER DATED: 15/04/2025 undefined Trivedi appearing for the respective contesting respondents - original plaintiffs, would submit that as such the trial court has correctly observed in the impugned order that there is no substance in the impugned application so filed by the revisionist, thereby correctly rejected the impugned application. 4.1 Nonetheless, learned advocate Mr.Mangukiya and Mr. Trivedi would candidly submit that the issues, which are raised by the revisionist in their impunged application as contended by learned senior counsel Mr. Naik, is not happily answered by the trial court.
4.2 So, at this stage, learned counsels appearing for the respondents have stated at the bar that the matter may be remanded back to the trial court for fresh adjudication of impugned application filed by defendant Nos.3 to 8, thereby trial court can hear and decide the impugned application afresh.
5. Learned senior counsel Mr. Naik has no objection if this court remands the matter back to the trial court for re-adjudicating and re-deciding the impugned application afresh by the trial court.
6. As there is a broad consensus and learned advocate appearing for the respective parties are ad idem, and after going Page 3 of 8 Uploaded by MOHD MONIS(HC01900) on Wed Apr 16 2025 Downloaded on : Wed Apr 16 22:21:20 IST 2025 NEUTRAL CITATION C/CRA/669/2022 ORDER DATED: 15/04/2025 undefined through the impugned order, this court is also of the view that the issues, which are raised by the revisionist in the impugned application, is either not touched upon or answered by the trial court.
7. So, without expressing any opinion on the merits and with a view to see that the trial court can examine the impugned application afresh, this court is of the view that the matter is required to be remanded back, which is hereby ordered. In view of the aforesaid, the impugned order is quashed and set aside. The matter is remanded to the trial court.
8. The impugned application filed below Exhibit 22 and 23 is hereby restored back to its file. The trial court is hereby directed to give reasonable opportunity of hearing to all parties concerned and adjudicate the impugned application afresh, so filed by defendant nos.3 to 8 under Order 7 Rule 11 of CPC within three months from the date of receipt of the copy of this order.
9. It is also made clear that this court has neither gone into nor examined the merits of the matter and the trial court shall also decide the impugned application afresh without being influenced by any of its observations made earlier in the impugned order and/or by this Court in the present order. No unnecessary Page 4 of 8 Uploaded by MOHD MONIS(HC01900) on Wed Apr 16 2025 Downloaded on : Wed Apr 16 22:21:20 IST 2025 NEUTRAL CITATION C/CRA/669/2022 ORDER DATED: 15/04/2025 undefined adjournment can be asked or granted and the parties shall extend full cooperation and support, thereby the trial court can adjudicate the impugned application within stipulated time.
10. In view of the aforesaid observation, this revision application is partly allowed. Rule is made absolute to the aforesaid extent. No order as to costs.
ORDER IN APPEAL FROM ORDER NO. 125 of 2024 WITH CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
1. This Appeal from Order is filed under Order 43 Rule 1(r) of Civil Procedure Code, 1908 (hereinafter referred to as the CPC) by the original plaintiffs against the judgment and order dated 08.07.2024 passed by Additional City Civil Judge, Court No.15, City Civil Court, Ahmedabad, below Exhibit 5 in Civil Suit No.100 of 2021, thereby their injunction application has been rejected.
2. At the outset, learned counsel Mr. Mangokiya with Mr.B.J. Trivedi would submit that today this court has quashed and set aside the order passed by the trial court, whereby application of defendant nos. 3 to 8 filed under Order 7 Rule 11 of CPC is ordered to be restored back to its file and the matter is accordingly remanded back to the trial court.
Page 5 of 8 Uploaded by MOHD MONIS(HC01900) on Wed Apr 16 2025 Downloaded on : Wed Apr 16 22:21:20 IST 2025 NEUTRAL CITATION C/CRA/669/2022 ORDER DATED: 15/04/2025 undefined
The issues, which are germane in the impugned injunction application and certain aspects, which are raised by the plaintiffs, remained unanswered by the trial court while adjudicating their injunction application.
2.1 So, both learned counsels appearing for the original plaintiffs have requested this court to quash the impugned order and further requested to remand the matter back to the trial court for re-adjudicating their injunction application on its merits afresh.
3. Per contra, learned Senior Counsel, Mr. B.B. Naik with Mr.Ekant G. Ahuja for the contesting respondents, under the instruction of their client, have no objection if such a recourse may be adopted by this court.
4. So, in view of the aforesaid facts and circumstances of the case, and as there is consensus ad idem between the parties, it would be appropriate that the impugned order passed by trial court can be quashed and set aside and the matter can be remanded back to the trial court for re-adjudicating injunction application so filed by the original plaintiff afresh.
5. Thus, in view of the aforesaid, the impugned order dated Page 6 of 8 Uploaded by MOHD MONIS(HC01900) on Wed Apr 16 2025 Downloaded on : Wed Apr 16 22:21:20 IST 2025 NEUTRAL CITATION C/CRA/669/2022 ORDER DATED: 15/04/2025 undefined 08.07.2024 passed by Additional City Civil Judge, Court No.15, City Civil Court, Ahmedabad, below Exhibit 5 in Civil Suit No.100 of 2021 is hereby quashed and the matter is remanded back to the trial court.
6. In view of the aforesaid, the injunction application so filed by original plaintiff below Exhibit 6-7 in their Civil suit No.100 of 2021 is restored back to its file.
7. After giving an opportunity of hearing to all the parties concerned, the trial court is hereby directed to decide such injunction application afresh in accordance with law without being influenced by any of its earlier observations so made in the order impugned as well as any of the observations so made by this court in the present order, if any.
8. It is made clear that this court has neither gone into nor examined the merits of the matter.
9. It is also hereby directed that the trial court, after giving reasonable opportunity of hearing to all the parties concerned, shall adjudicate the injunction application within a period of three months from the date of receipt of the copy of this order. It is also made clear that no unnecessary adjournment can be asked or Page 7 of 8 Uploaded by MOHD MONIS(HC01900) on Wed Apr 16 2025 Downloaded on : Wed Apr 16 22:21:20 IST 2025 NEUTRAL CITATION C/CRA/669/2022 ORDER DATED: 15/04/2025 undefined granted and the parties shall extend full cooperation and support, thereby the trial court can adjudicate the impugned application within stipulated time.
10. In view of the aforesaid, the present appeal from order is disposed of accordingly. The civil application is also disposed of accordingly.
(MAULIK J.SHELAT,J) MOHD MONIS Page 8 of 8 Uploaded by MOHD MONIS(HC01900) on Wed Apr 16 2025 Downloaded on : Wed Apr 16 22:21:20 IST 2025