Gujarat High Court
Son Decd. Chandubhai Gemabhai Gohel ... vs Ramilaben Wd/O Manharbhai Chotabhai ... on 25 August, 2025
NEUTRAL CITATION
C/SCA/11800/2025 ORDER DATED: 25/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11800 of 2025
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SON DECD. CHANDUBHAI GEMABHAI GOHEL THORUGH LHS (DECD
GEMABHAI NANABHAI GOHEL THRU HEIRS) & ORS.
Versus
RAMILABEN WD/O MANHARBHAI CHOTABHAI PATEL & ORS.
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Appearance:
MR DAXESH D BAROT(13149) for the Petitioner(s) No. 1,1.1,1.2,1.3,2,3
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 25/08/2025
ORAL ORDER
1. Heard learned advocate Mr. Daxesh D. Barot for the petitioners.
2. At the outset, learned advocate Mr. Barot would submit that the petitioners happen to be legal heirs of deceased - Gemabhai Nanabhai Gohel, who happens to be appellants of Regular Civil Appeal No. 15 of 2021, came to be dismissed by the appellate Court vide its order dated 22.04.2025 thereby the judgment and decree passed by the trial Court dated 19.10.2020 in Regular Civil Appeal No. 93 of 2017 came to be confirmed. Nonetheless, the fact remains that the appellant- Gemabhai died on 06.11.2022 prior to passing of judgment and decree by the appellate Court on 22.04.2025. So, according to the learned advocate for the petitioners joining Page 1 of 3 Uploaded by SALIM(HC01108) on Mon Aug 25 2025 Downloaded on : Tue Aug 26 00:02:28 IST 2025 NEUTRAL CITATION C/SCA/11800/2025 ORDER DATED: 25/08/2025 undefined of legal heirs of late Gemabhai in the execution proceedings being Execution Application No. 3 of 2020 is not appropriate and no summon could have been issued to the petitioners. Nevertheless, learned advocate for the petitioners could candid in his submission that instead of filing an appropriate application before the executing Court concerned for recalling the order of Executing Court for issuance of summons the petitioners, the present writ application is filed.
2.1 After arguing for some time, under the instruction of his client, learned advocate Mr. Barot does not press the present writ application. He would request this Court to allow the petitioner to approach the Executing Court concerned with a liberty to file an appropriate application seeking recall/ joining the petitioners in the executing proceedings.
3. Permission as sought for is granted. It is open for the petitioners to file an appropriate application seeking appropriate relief before the Executing Court concerned in pending Execution Application No. 3 of 2020. As and when such an application will be filed by the petitioners herein, after giving opportunity of hearing to all the parties concerned, the Executing Court shall decide such application Page 2 of 3 Uploaded by SALIM(HC01108) on Mon Aug 25 2025 Downloaded on : Tue Aug 26 00:02:28 IST 2025 NEUTRAL CITATION C/SCA/11800/2025 ORDER DATED: 25/08/2025 undefined in accordance with law as early as possible. It is made clear that this Court has neither gone into nor examined the merits of the matter.
4. With the aforesaid observation, reserving liberty in favour of the petitioners, the present writ application is disposed of as withdrawn. No order as to costs.
(MAULIK J.SHELAT,J) SALIM/ Page 3 of 3 Uploaded by SALIM(HC01108) on Mon Aug 25 2025 Downloaded on : Tue Aug 26 00:02:28 IST 2025