Gujarat High Court
Lh Of Decd Kaya Raja Harijan vs The State Of Gujarat on 1 December, 2025
Author: Vaibhavi D. Nanavati
Bench: Vaibhavi D. Nanavati
NEUTRAL CITATION
C/SCA/2516/2025 ORDER DATED: 01/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2516 of 2025
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LH OF DECD KAYA RAJA HARIJAN & ANR.
Versus
THE STATE OF GUJARAT & ORS.
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Appearance:
MR MEET M KATIRA(10504) for the Petitioner(s) No. 1,1.1
PARTH J BRAHMBHATT(9373) for the Petitioner(s) No. 1,1.1
MR JAYNEEL PARIKH, AGP for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 01/12/2025
ORAL ORDER
1. Rule returnable forthwith. Mr. Jayneel Parikh, learned AGP waives service of notice of rule for and on behalf of the respondents.
2. Heard Mr. S.P. Majmudar, learned advocate with Mr. Parth J. Brahmbhatt, learned advocate appearing for the petitioner and Mr. Jayneel Parikh, learned AGP appearing for the respondents.
3. The petitioner herein is constrained to approach this Court invoking Article 226 of the Constitution of India in light of the fact that the respondent No.2 is not giving effect to the decree and judgment dated 10.10.2012 passed by the Page 1 of 6 Uploaded by NEHA PRAJAPATI(HC01404) on Mon Dec 08 2025 Downloaded on : Mon Dec 08 20:32:51 IST 2025 NEUTRAL CITATION C/SCA/2516/2025 ORDER DATED: 01/12/2025 undefined Principal Civil Judge, Bhuj-Kutch in Regular Civil Suit No.384 of 2009 and not implementing orders passed by the Assistant Collector, Bhuj, dated 13.05.2022 and 23.03.2023 wherein, it is stated that the effect of the decree be given subject to the final outcome of the Second Appeal, which is pending before the High Court. In the communication dated 23.03.2023, it is stated that the petitioner's application is partly allowed with a direction to mutate the petitioner's name in the second right.
4. Mr. S.P. Majmudar, learned advocate appearing for the petitioner submitted that none of the aforesaid orders are given effect to by the respondent authority. It is submitted that it is not in dispute that there is decree in favour of the petitioner herein, which is subject matter of challenge by way of Second Appeal by the respondent - State however, there is no interim order passed in the said Second Appeal.
5. Mr. Jayneel Parikh, learned AGP appearing for the respondents submits that the parties be directed to maintain status quo qua the land-in-question in light of the fact that the respondent - State has challenged the judgment and decree by way of Regular Civil Appeal No.34 of 2012 which was dismissed by order dated 14.10.2020. It is submitted that the Page 2 of 6 Uploaded by NEHA PRAJAPATI(HC01404) on Mon Dec 08 2025 Downloaded on : Mon Dec 08 20:32:51 IST 2025 NEUTRAL CITATION C/SCA/2516/2025 ORDER DATED: 01/12/2025 undefined said order is subject matter of challenge by filing Second Appeal. It is submitted that in view of pendency of Second Appeal, such direction of effect of the entries may not be issued.
6. Having heard the learned advocate and learned AGP appearing for the respective parties, it is not in dispute that the petitioner herein has succeeded before the learned Civil Court in Regular Civil Suit No.384 of 2009 wherein, by the judgment and decree dated 10.10.2012, the suit is decreed in favour of the petitioner, which was taken in appeal by the respondents by way of Regular Civil Appeal No.34 of 2012 which also, came to be dismissed by the learned 10 th Additional District Judge, Kutch at Bhuj, by order dated 14.10.2020. The said order dated 14.10.2020 is challenged by way of Second Appeal No.354 of 2023, which is pending before the High Court.
7. This Court deems it fit to refer to the order passed by the Hon'ble Division Bench in Letters Patent Appeal No.203 of 2023 wherein, in an identical facts, the Hon'ble Division Bench directed that the entry be mutated in favour of the decree holder which would be subject to the disposal of the pending Page 3 of 6 Uploaded by NEHA PRAJAPATI(HC01404) on Mon Dec 08 2025 Downloaded on : Mon Dec 08 20:32:51 IST 2025 NEUTRAL CITATION C/SCA/2516/2025 ORDER DATED: 01/12/2025 undefined Second Appeal. The said order reads thus:
"1. Having heard the learned counsels for the parties and perused the record, we may note that the writ petition has been filed seeking to challenge the order passed by the revenue authorities for allowing Entry No.379 registered in the revenue records in the name of the private respondents herein. It has been brought on record that a civil suit namely, Regular Civil Suit No.65 of 2006 was filed by the respondents before the competent Civil Court. The said suit was initially dismissed vide judgment and order dated 23.11.2011 passed by the competent Civil Court. However, on an appeal filed against the judgment and decree of dismissal of the original suit, in an appeal namely, Regular Civil Appeal No.1 of 2012, the civil suit has been decreed in the following manner:-
-: O R D E R :-
"1. Present Appeal is partly allowed.
2. Judgment and decree passed by Principal Civil Judge, Harij in R.C.S.No.65/2006 dated 23/11/2011 dismissing the suit is hereby quashed and set aside. Consequently suit of the plaintiff is partly allowed.
3. It is hereby declared that plaintiff is an owner and occupier of the agricultural land of Survey No.588 ad-measuring 1-23-67 H.A.Sq.mtr. and land of revenue Survey No.608 ad-measuring 0-
41-02 H.A.Sq.mtr. Moje Vansa, Ta.Harij, Dist. Patan.
4. Further, defendants of the suit are hereby perpetually restrained from interfering with the possession of the plaintiff qua said agricultural land of Survey No.588 and 608. In further, they are restrained not to take possession of this agricultural land by force.
5. Parties hereby are also directed to follow interim order of status qua passed by Hon'ble Gujarat High Court in Special Civil Application No.2398 of 2006."
2. It seems that the decree passed by the first appellate Court vide judgment and order dated 12.4.2016 is the subject matter of challenge in Second Appeal No.577 of 2023 pending before this Court.
3. The fact remains that the decree for declaration of the plaintiff/respondent in the writ petition/appellant herein as owner and occupier of the agricultural land of Survey No.588 admeasuring 1-23- 67 H.A.Sq.Mts. and Survey No.608 admeasuring 0-41-02 H.A.Sq.Mts. Moje Vansa, Ta. Harij, Dist. Patan has been passed by the competent Court during the pendency of the writ petition. It seems that while passing the judgment and order dated 6.2.2023 for setting aside the order dated 7.3.2005 passed by the Special Secretary (Appeals), Revenue Department and restoring the original position in the revenue Page 4 of 6 Uploaded by NEHA PRAJAPATI(HC01404) on Mon Dec 08 2025 Downloaded on : Mon Dec 08 20:32:51 IST 2025 NEUTRAL CITATION C/SCA/2516/2025 ORDER DATED: 01/12/2025 undefined records by deletion of Entry No.379, the learned Single Judge could not take note of the judgment and decree dated 12.4.2016 passed by the first appellate Court. From the contents of the judgment and decree dated 6.2.2023 passed by the learned Single Judge, it seems that the said fact has not been brought before it at the time of arguments in the writ petition.
4. For the aforesaid, while setting aside the judgment and order dated 6.2.2023, the instant appeal is hereby allowed. It needs no emphasis that the rights of the parties would be subject to the disposal of the pending Second Appeal.
Connected Civil Application for stay also stands disposed of."
8. It is in the interest of justice that, the petitioner herein to file an undertaking before the Registry of this Court that, the petitioner would abide by any order that may be passed in the Second Appeal No.354 of 2023 which is preferred by the State of Gujarat challenging the judgment and decree dated 10.10.2012 passed by the learned Principal Senior Civil Judge, Bhuj in Regular Civil Suit No.384 of 2009 as well as the judgment dated 14.10.2020 passed by the 10 th Additional District Judge, Kutch at Bhuj, in Regular Civil Appeal No.34 of 2012.
9. In view of the aforesaid, the respondent No.2 herein to give effect to the judgment and decree dated 10.10.2012 passed by the learned Principal Civil Judge, Bhuj-Kutch in Regular Civil Suit No.384 of 2009 in the record of rights and 7/12 extract, subject to the outcome of the Second Appeal. The Page 5 of 6 Uploaded by NEHA PRAJAPATI(HC01404) on Mon Dec 08 2025 Downloaded on : Mon Dec 08 20:32:51 IST 2025 NEUTRAL CITATION C/SCA/2516/2025 ORDER DATED: 01/12/2025 undefined undertaking filed by the petitioner also be reflected in the record of rights.
10. With the aforesaid observations, the present petition is allowed to the aforesaid extent. Rule is made absolute to the aforesaid extent.
(VAIBHAVI D. NANAVATI,J) NEHA Page 6 of 6 Uploaded by NEHA PRAJAPATI(HC01404) on Mon Dec 08 2025 Downloaded on : Mon Dec 08 20:32:51 IST 2025