Gujarat High Court
Vipul Biharibhai Patel vs The State Of Gujarat on 25 August, 2025
NEUTRAL CITATION
C/SCA/9261/2025 ORDER DATED: 25/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9261 of 2025
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VIPUL BIHARIBHAI PATEL
Versus
THE STATE OF GUJARAT & ORS.
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Appearance:
MR. HRIDAY BUCH(2372) for the Petitioner(s) No. 1
MR. SHAILESH DESAI, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
MR. KARAN U VYAS(6992) for the Respondent(s) No. 2,3
MS. DHRUMA U VYAS(6850) for the Respondent(s) No. 2,3
NOTICE SERVED BY DS for the Respondent(s) No. 4
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 25/08/2025
ORAL ORDER
1. Heard learned Advocate Mr. Hriday Buch for petitioner, learned Assistant Government Pleader Mr. Shailesh Desai for respondent No.1 and learned Advocate Mr. Karan U. Vyas with learned Advocate Mr. Uday Vyas for learned Advocate Ms. Dhruma U. Vyas for the respondent Nos.2 and 3. Though served, none appears for respondent No.4.
2. The present writ application is filed under Article 227 of the Constitution of India, seeking the following reliefs:
"A. YOUR LORDSHIPS may be pleased to admit and allow this Petition;
B. YOUR LORDSHIPS may be pleased to quash and set-aside the Page 1 of 4 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Tue Aug 26 2025 Downloaded on : Tue Aug 26 22:00:34 IST 2025 NEUTRAL CITATION C/SCA/9261/2025 ORDER DATED: 25/08/2025 undefined Order dated 07.05.2025 passed below Exhibit-5 in Regular Civil Appeal No. 30/2025 passed by the Ld. 3rd Addl. District Judge, Ahmedabad (Rural) and further be pleased to allow the application below Exhibit-5 in Regular Civil Appeal No. 30/2025; (at Annx-A);
C. Pending admission, hearing & final disposal of the present Petition YOUR LORDSHIPS may be pleased to stay the implementation, execution & operation of the Judgment and Decree dated 31.12.2024 passed in Regular Civil Suit No. 623/2000; (at Annx-C) D. Pending admission, hearing & final disposal YOUR LORDSHIPS may be pleased to direct the parties to maintain status quo prevailing as on date in respect to the suit property;
E. Such other and further reliefs that this Hon'ble Court may deem fit and proper in the interest of justice."
3. At the outset, learned Advocates appearing for the respective parties are ad idem that this Court costs the order passed by Appellate Court concerned and remands the matter back to the Appellate Court, they may be allowed to pursue the injunction application so filed and/or the hearing of the appeal itself by the Appellate Court.
4. There is no cavil that order impugned passed by the Appellate Court is a non-speaking order has already observed by this Court vide its order dated 10th July, 2025. So, this Court is also of the view that impugned order requires to be quashed and set-aside. The matter is required to be remanded back to the Appellate Court.
Page 2 of 4 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Tue Aug 26 2025 Downloaded on : Tue Aug 26 22:00:34 IST 2025
NEUTRAL CITATION C/SCA/9261/2025 ORDER DATED: 25/08/2025 undefined
5. As it is informed to this Court that Appellate Court is in a position to hear the appeal itself, it is always open for the parties to appeal to request the Appellate Court to early hearing of the appeal itself, but in a given case, if the Appellate Court finds difficult to hear and decide the appeal within stipulated time, the appellant of the appeal would also at liberty to request the Appellate Court to hear afresh his injunction application so filed below Exhibit 5 and/or any other injunction application so filed therein. All such requests shall be made before the Appellate Court concerned and the same shall be decided by Appellate Court as per its convenience.
6. Nonetheless, as this Court is of the opinion that impugned order is non-speaking one and matter is remanded back to the Appellate Court, it is open for the Appellate Court to finally decide the injunction application a fresh without being influenced by any of the observation made by this Court and/or to heard the appeal on its merits.
7. It goes without saying that the parties to the appeal shall have to extend their cooperation and support to the Appellate Court for early hearing of the appeal/injunction application.
8. It is further made clear that this Court has neither gone into nor examined the merits of the matter, but in light of the fact Page 3 of 4 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Tue Aug 26 2025 Downloaded on : Tue Aug 26 22:00:34 IST 2025 NEUTRAL CITATION C/SCA/9261/2025 ORDER DATED: 25/08/2025 undefined that the order impugned is non-speaking one, it is interfered with by this Court.
9. In view of the aforesaid, the impugned order dated 07th May, 2025 passed by the 3rd Additional District Judge, Ahmedabad (Rural) below Exhibit 5 in Regular Civil Appeal No. 30 of 2025 is hereby quashed and set aside and the matter is remanded back to the Appellate Court.
10. In view of the above, the present writ application stands dispose of accordingly.
(MAULIK J.SHELAT,J) Nilesh Page 4 of 4 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Tue Aug 26 2025 Downloaded on : Tue Aug 26 22:00:34 IST 2025