Gujarat High Court
Hemendrakumar Narendrabhai Patel vs Jigneshkumar Bhikhabhai Patel on 4 August, 2025
Author: Sangeeta K. Vishen
Bench: Sangeeta K. Vishen
NEUTRAL CITATION
C/FA/6016/2019 ORDER DATED: 04/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 6016 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
In R/FIRST APPEAL NO. 6016 of 2019
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HEMENDRAKUMAR NARENDRABHAI PATEL
Versus
JIGNESHKUMAR BHIKHABHAI PATEL & ANR.
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Appearance:
MR PRABHAKAR UPADYAY(1060) for the Appellant(s) No. 1
MR HARSHADRAY A DAVE(3461) for the Defendant(s) No. 2
MR. KALRAV R PATEL(7041) for the Defendant(s) No. 1
P K NAYAK(7847) for the Defendant(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
and
HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 04/08/2025
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)
1. The captioned appeal has been filed against the impugned judgment dated 01.07.2019 passed by the learned 3rd Additional Senior Civil Judge, Civil Court, Anand in Special Civil Suit No.49 of 2018 on the ground that it has no jurisdiction in view of the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (herein after referred to as "Act of 2002").
2. Mr.Prabhakar Upadhyay, learned advocate for the appellant, submitted that the agreement to sell was executed Page 1 of 3 Uploaded by GIRISH K PARMAR(HC00954) on Tue Aug 05 2025 Downloaded on : Tue Aug 05 22:33:57 IST 2025 NEUTRAL CITATION C/FA/6016/2019 ORDER DATED: 04/08/2025 undefined in the Year-2015, however, thereafter, it appears that the proceedings under the Act of 2002 were initiated. Section 13 proceedings were initiated in the Year-2016 followed by Section 14 proceedings in the Year-2016 and subsequently, the notice for possession was issued in the Year-2020. The defendant no.1 has also approached the Debt Recovery Tribunal.
3. On the other hand, Mr.Harshadray Dave, learned advocate for the defendant no.2, submitted that pursuant to the proceedings under the Act of 2002, the property has been auctioned by issuance of share certificate under the provisions of Rule 9(6) of the Security Interest (Enforcement) Rules, 2002. The sale deed has evidently been executed pursuant to the order passed by the learned Tribunal. Therefore, the prayer of the appellant seeking specific performance, would not survive. Even otherwise, the Special Civil Suit No.38 of 2024 has been preferred before the Court below seeking recovery of the amount. As the property has already been disposed of, no purpose would be served by pursuing the captioned appeal. However, liberty may be reserved to pursue Special Civil Suit No.38 of 2024.
4. Mr.Prabhakar Upadhyay, learned advocate, in view of subsequent development and the fact that the suit seeking recovery is already pending, does not press the captioned appeal.
5. In view of the above and acceding to the request of learned advocate for the appellant, the captioned appeal Page 2 of 3 Uploaded by GIRISH K PARMAR(HC00954) on Tue Aug 05 2025 Downloaded on : Tue Aug 05 22:33:57 IST 2025 NEUTRAL CITATION C/FA/6016/2019 ORDER DATED: 04/08/2025 undefined stands disposed of, as withdrawn with a liberty to pursue the Special Civil Suit No.38 of 2024.
6. In view of the order passed in main appeal, connected Civil Application No.1 of 2019 does not survive and stands disposed of, accordingly. No order as to costs.
(SANGEETA K. VISHEN,J) (MOOL CHAND TYAGI, J) GIRISH Page 3 of 3 Uploaded by GIRISH K PARMAR(HC00954) on Tue Aug 05 2025 Downloaded on : Tue Aug 05 22:33:57 IST 2025