Gujarat High Court
Gopiji Vallaji Vanjara vs Lh Of Dayabhai Narayandas Patel , ... on 17 April, 2025
NEUTRAL CITATION
C/SCA/5143/2024 ORDER DATED: 17/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5143 of 2024
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GOPIJI VALLAJI VANJARA
Versus
LH OF DAYABHAI NARAYANDAS PATEL , MANJULABEN D PATEL
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Appearance:
MRS NISHA M PARIKH(2397) for the Petitioner(s) No. 1
DILIPKUMAR U PRAJAPATI(8344) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 17/04/2025
ORAL ORDER
1. Heard learned advocate Ms.Nisha M. Parikh appearing for the petitioner and Mr.Dilipkumar U. Prajapati for the respondent.
2. The present writ application is filed under Article 227 of the Constitution of India seeking following reliefs:-
(A) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or any other appropriate writ order or direction on Respondents to quash and set aside the order dated 29/08/2023 passed by Ld. City Civil Court. vide Ex.46 application for Review/Recall the Civil Suit (CCC) 1896 of 2013 and grant the further extension of time as per the order dated 20/04/2023 passed by (CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL) in FIRST APPEAL NO. 1061 OF 2015 in the interest of justice. Annexure-'A' and 'G'.
(B) Your Lordship may be pleased to direct the Ld. City Civil Court to consider the application to Review/recall of the Civil Suit (CCC) No. 1896 of 2013in the interest of justice. Annexure A. Page 1 of 6 Uploaded by MOHD MONIS(HC01900) on Sat Apr 19 2025 Downloaded on : Mon Apr 21 21:53:58 IST 2025 NEUTRAL CITATION C/SCA/5143/2024 ORDER DATED: 17/04/2025 undefined (C) YOUR LORDSHIPS be pleased to grant such other and further reliefs as are deemed fit and proper by this Hon'ble Court, in the interest of justice;
3. Before adverting to the issue germane in the application, I would like to observe that the Civil Suit (CCC) No. 1896 of 2013 filed by the present petitioner against the predecessor of respondent herein came to be allowed on 25th November, 2022. Such judgment and decree came to be challenged by the respondent herein before this Court by preferring First Appeal No.1452 of 2023, which came to be partly allowed and consensus between the parties has been recorded by this Court in its judgment order dated 20th April, 2023. The relevant observation made in para 5 in the aforesaid decision reads as under:-
5. Considering the broad consensus between the parties, without entering into the merits, the following order is passed:-
(i) The impugned judgment and order dated 25.11.2022 passed by learned City Civil and Sessions Court, Ahmedabad in Civil Suit (CCC) No. 1896 of 2013 is hereby quashed and set aside. (ii) The matter is remanded back to the learned City Civil Court for afresh decision after the application of the present appellant for being joined as a party defendant is considered and decided.Page 2 of 6 Uploaded by MOHD MONIS(HC01900) on Sat Apr 19 2025 Downloaded on : Mon Apr 21 21:53:58 IST 2025
NEUTRAL CITATION C/SCA/5143/2024 ORDER DATED: 17/04/2025 undefined
(iii) In this regard, statement of learned advocate Ms. Parikh is recorded that such an application shall be made by the present defendent within a period of two weeks from the date of receipt of this order and upon such application being received, the same shall be decided within a period of four weeks from the date of filing.
(iv) After appropriate decision is taken on the said application, if required, the learned City Civil Court shall decide the Civil Suit on merits.
(v) It is further clarified that the matter is remanded back only for the purpose of passing the judgment afresh after giving appropriate opportunity to the defendant, and whereas, the present directions shall not be read to mean that the trial has to be conducted denovo.
(vi) It is further clarified at this stage, more particularly, at the request of learned advocate Ms. Parikh that the stage of the defendant leading evidence had been closed and his right has been struck off and whereas if any application is preferred by the legal heir of the original defendant for reopening the same, the same shall be decided by the learned City Civil Court on its own merits and whereas, this Court has not observed anything as regards the same.
(vii) The learned City Civil Court shall decide the suit as expeditiously as possible, but, not later than 31.12.2023.
4. In view of the aforesaid, the matter was remanded back to the Trial Court, meaning thereby, the said suit filed by the petitioner restored back to its file. The parties to the proceeding, more particularly, plaintiff was required to file necessary application to bring on record the legal heirs of Page 3 of 6 Uploaded by MOHD MONIS(HC01900) on Sat Apr 19 2025 Downloaded on : Mon Apr 21 21:53:58 IST 2025 NEUTRAL CITATION C/SCA/5143/2024 ORDER DATED: 17/04/2025 undefined defendant who is respondent herein. Neither plaintiff nor the respondent herein, who was also appellant of the said appeal have preferred such application before the Trial Court. It further appears that inadvertently, the petitioner has filed impugned application below Exh.46 whereby he has requested the trial Court to recall/ revive of Civil Suit (CCC) No. 1896 of 2013, such application with such prayer was uncalled for when this Court in the aforesaid judgment has already remanded the matter back to the Trial Court for its fresh adjudication subject to joining legal heirs of defendant.
5. Nonetheless, the Trial Court appears to have rejected impugned application vide its order dated 29 th August, 2023, which is impugned in the present writ application.
6. Learned advocate Ms.Parikh would submit that due to inadvertence on the part of the petitioner, instead of filing an application to bring legal heirs of defendant on record, the impugned application with wrong prayer has been filed.
7. Per contra, learned advocate Mr.Prajapati appearing for the respondent, who happens to be sole legal heirs of Page 4 of 6 Uploaded by MOHD MONIS(HC01900) on Sat Apr 19 2025 Downloaded on : Mon Apr 21 21:53:58 IST 2025 NEUTRAL CITATION C/SCA/5143/2024 ORDER DATED: 17/04/2025 undefined defendant, states that if plaintiff files an appropriate application to bring legal heirs on record of the suit, she has no objection for the same.
8. Thus, in view of the aforesaid judgment and the order passed by this court on 20.04.2023 in First Appeal no. 1452 of 2023, there was no reason for the petitioner to file impugned application for reviving the suit filed by him as it is already remanded back to the Trial Court by this Court.
9. Nonetheless, it is open for the petitioner - original plaintiff to file necessary application to bring legal heirs of deceased - defendant on record i.e., respondent herein. 10 If such an application will be filed by the plaintiff herein, the Trial Court is hereby requested to consider the same sympathetically and as such, respondent i.e., legal heirs of defendant through her learned advocate Mr. Prajapati declares before this Court that such an application will not be objected by the respondent herein. So, in that circumstances, if such an application will be filed, the Trial court is hereby requested to allow the same in accordance with law.
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11. Once such exercise will be undertaken by the Trial Court, it would be open for the parties to request the Trial Court to decide the suit between the parties by the Trial Court in accordance with law.
12. With the aforesaid observations and discussions, this present writ application is disposed of. No order as to costs. Notice discharged.
(MAULIK J.SHELAT,J) MOHD MONIS Page 6 of 6 Uploaded by MOHD MONIS(HC01900) on Sat Apr 19 2025 Downloaded on : Mon Apr 21 21:53:58 IST 2025