Gujarat High Court
Mukeshkumar Rameshbhai Chaudhari vs Mandan Padma Devda on 4 August, 2025
NEUTRAL CITATION
C/SCA/10686/2025 ORDER DATED: 04/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10686 of 2025
With
R/SPECIAL CIVIL APPLICATION NO. 10358 of 2025
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MUKESHKUMAR RAMESHBHAI CHAUDHARI
Versus
MANDAN PADMA DEVDA
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Appearance:
MR. MALAV M MULANI(8844) for the Petitioner(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 04/08/2025
COMMON ORAL ORDER
1. Heard learned Advocate Mr. Malav M. Mulani for the petitioner.
2. At the outset, learned Advocate Mr. Mulani submitted that the impugned application and execution application came to be rejected/dismissed only on the ground that the petitioner herein having not obtained probate from the competent court in pursuance to the execution of Will by the original plaintiff/applicant in favour of the petitioner.
3. Learned Advocate Mr. Mulani would further submit that the execution application could not have been rejected as abated in view of the Order 22, Rule 12 of the Code of Civil Procedure, 1908. Nonetheless, under the instructions of his Page 1 of 2 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Mon Aug 04 2025 Downloaded on : Mon Aug 04 23:07:06 IST 2025 NEUTRAL CITATION C/SCA/10686/2025 ORDER DATED: 04/08/2025 undefined client, at this stage, learned Advocate Mr. Mulani does not press the present writ applications with a view to file an appropriate probate application. On getting an appropriate probate in favour of the petitioner, seeks further liberty to file an appropriate execution application against the respondent/judgment debtor.
4. Permission as sought for is hereby granted. It is always open for the petitioner to file an appropriate execution application against the judgment debtor, once he secures probate from the competent court in pursuance to the Will executed by the decree holder in favour of the petitioner. Such an event, if an execution application is filed by petitioner herein, the same shall be decided by the Trial Court in accordance with law.
5. It is made clear that this Court has neither gone into nor examined the merits of the matter.
6. With the aforesaid observations and reserving liberty in favour of the petitioner, the present writ applications are disposed of as withdrawn. No order as to costs.
(MAULIK J.SHELAT,J) Nilesh Page 2 of 2 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Mon Aug 04 2025 Downloaded on : Mon Aug 04 23:07:06 IST 2025