Gujarat High Court
Pritiben Sanjaybhai Sheth vs Harshadbhai Chunilal Shah on 25 August, 2025
NEUTRAL CITATION
C/SCA/11839/2025 ORDER DATED: 25/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11839 of 2025
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PRITIBEN SANJAYBHAI SHETH
Versus
HARSHADBHAI CHUNILAL SHAH & ORS.
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Appearance:
MR RASESH H PARIKH(3862) for the Petitioner(s) No. 1
MR.HEMANG H PARIKH(2628) for the Petitioner(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 25/08/2025
ORAL ORDER
1. Heard learned advocate Mr.Hemang H. Parikh for the petitioner.
2. At the outset, learned advocate Mr.Parikh would submit that the petitioner has already challenged the judgment and decree passed by the Trial Court before the Appellate Court, albeit, with delay application, which is going to be decided in new future but till then execution proceeding should not be proceeded further, otherwise, right to file appeal would get frustrated.
2.1. Learned advocate Mr.Parikh would rely upon different provisions of the Civil Procedure Code, 1908 (hereinafter referred to as "CPC"), more particularly, Order 41 Rule 6 of Page 1 of 3 Uploaded by MOHD MONIS(HC01900) on Mon Aug 25 2025 Downloaded on : Tue Aug 26 00:02:33 IST 2025 NEUTRAL CITATION C/SCA/11839/2025 ORDER DATED: 25/08/2025 undefined CPC, thereby, the Court concerned can stay the decree on satisfying that the petitioner / Judgment Debtor is ready to provide security to the satisfaction of the Court. 2.2. Learned advocate Mr.Parikh would further submit that petitioner undertakes to this Court and to the Trial Court concerned that until preliminary hearing of injunction application, so filed in the appeal, the petitioner would not like to create third party rights in the suit property.
3. Prima facie, according to this Court, such request can very well be made by the petitioner before the Court concerned in light of Order 41 Rule 6 of CPC and in that eventuality, the Court, after hearing the parties concerned, can pass appropriate order.
4. In light of the aforesaid, at this stage, this Court would not like to interfere with the order impugned but at the same time, giving liberty to the petitioner to file an appropriate application on or before 28.08.2025 either before the Court, who passed the decree in question or before the Executing Court concerned, with an appropriate relief relying upon Order Page 2 of 3 Uploaded by MOHD MONIS(HC01900) on Mon Aug 25 2025 Downloaded on : Tue Aug 26 00:02:33 IST 2025 NEUTRAL CITATION C/SCA/11839/2025 ORDER DATED: 25/08/2025 undefined 41 Rule 6 or any other provision of order and requests the Trial Court to stay the judgment and decree on appropriate condition.
5. Once, such application will be filed on or before 28.08.2025 as the execution is fixed on 28.08.2025, the Court concerned is requested to pass an appropriate order on such application. After giving an opportunity of hearing, the Trial Court shall expeditiously decide such application as early as possible.
6. As this Court has been informed that hearing of delay application is also pending and listed before the Appellate Court today, the Appellate Court is also requested to expedite the hearing of the delay application as early as possible.
7. With aforesaid observation and reserving the liberty in favour of the petitioner, the present writ application is disposed of. No order as to costs.
8. Direct service is permitted.
(MAULIK J.SHELAT,J) MOHD MONIS Page 3 of 3 Uploaded by MOHD MONIS(HC01900) on Mon Aug 25 2025 Downloaded on : Tue Aug 26 00:02:33 IST 2025