Gujarat High Court
Bashiben Wd/O Sindha Ranchhodbhai vs Becharbhai Bavabhai Sindha on 16 April, 2025
NEUTRAL CITATION
C/SCA/11691/2023 ORDER DATED: 16/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11691 of 2023
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BASHIBEN WD/O SINDHA RANCHHODBHAI & ANR.
Versus
BECHARBHAI BAVABHAI SINDHA & ANR.
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Appearance:
MR TEJAS P SATTA(3149) for the Petitioner(s) No. 1,2
MR MA PAREKH(1088) for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 16/04/2025
ORAL ORDER
Heard learned advocate MR. Tejas P. Satta for the petitioners and learned advocate Mr. M. A. Parekh for the respondent No.1.
At the outset, learned advocate Mr. Parekh would submit that during the pendency of present writ application, main Execution Application No. 68 of 2011 has already been adjudicated and disposed of by the executing Court vide its judgment and order dated 22 nd July 2024. He would further submit that the necessary further affidavit in that regard is filed by respondent No.1 on 14.08.2024 by placing copy of the aforesaid order by the executing Court. Such affidavit is taken on record.
Per contra, learned advocate Mr. Satta would also confirm the aforesaid fact. Further, learned advocate Mr.Satta Page 1 of 2 Uploaded by DRASHTI K. SHUKLA(HC00354) on Wed Apr 16 2025 Downloaded on : Wed Apr 16 22:38:43 IST 2025 NEUTRAL CITATION C/SCA/11691/2023 ORDER DATED: 16/04/2025 undefined would submit that the present writ application is filed against the order passed by the trial court whereby it has rejected the objections of the petitioners - judgment debtor. So, in that view of the matter, learned advocate Mr. Sattta would submit that though his writ application became infructuous by efflux of time but petitioner may be given liberty to challenge the order dated 22nd July 2024, in accordance with law thereby, petitioners can substantiate his case by raising all the contentions, so raised in the present writ application.
It appears from the record that during the pendency of the present writ application, main Execution Application No.68 of 2011 is already adjudicated and disposed of by the executing Court on 22nd July 2024. As such, in view of the aforesaid facts nothing survives in the matter. Nonetheless, it is open for the petitioners to challenge the aforesaid final order passed by the executing Court before the appropriate Court in accordance with law reserving liberty in favour of the petitioners to raise all the contentions so raised in the present petition in such proceedings.
It is made clear that this Court has neither gone into nor examined the merits of the matter.
Thus, in view of the aforesaid, present writ application is disposed of as infructuous. Notice is discharged. There shall be no order as to costs.
(MAULIK J.SHELAT,J) DRASHTI K. SHUKLA Page 2 of 2 Uploaded by DRASHTI K. SHUKLA(HC00354) on Wed Apr 16 2025 Downloaded on : Wed Apr 16 22:38:43 IST 2025