Gujarat High Court
Ganeshbhai Ravjibhai Vaghasia vs Jagabhai Jerambahi Hapaliya on 5 February, 2025
NEUTRAL CITATION
C/AO/203/2014 ORDER DATED: 05/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/APPEAL FROM ORDER NO. 203 of 2014
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GANESHBHAI RAVJIBHAI VAGHASIA & ANR.
Versus
JAGABHAI JERAMBAHI HAPALIYA & ANR.
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Appearance:
MR RUTVIJ S OZA(5594) for the Appellant(s) No. 1,2
MR AR THACKER(888) for the Respondent(s) No. 2
RULE SERVED for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 05/02/2025
ORAL ORDER
1. Heard learned advocate Mr. Rutvij Oza for the appellants and learned advocate Mr. A.R. Thacker for respondent No.2.
2. It is reported by the learned advocate Mr. Rutvij Oza for the appellants that during the pendency of the present appeal, respondent No.1 died, whose legal heirs have already been brought on record before the trial Court.
3,. Learned advocate Mr. Oza for the appellants would submit that the order of status quo is continue so far, which may be continued till final disposal of the suit and the suit is at the stage of evidence of the plaintiffs. So, he would request this Court that without disturbing the status quo Page 1 of 4 Uploaded by SALIM(HC01108) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 00:56:36 IST 2025 NEUTRAL CITATION C/AO/203/2014 ORDER DATED: 05/02/2025 undefined which has been so far is operating since last 10 years, the same shall be continued.
4. Per contra, learned advocate Mr. A. R. Thacker for the respondent No.2 would vehemently opposed such prayer by contending inter-alia that there is no case is made out by the appellants, thereby to continue such status quo order. So, he requests this Court to vacate the interim relief granted by this Court vide order dated 14.08.2014.
5. This Appeal from Order is arising out of the order dated 11.02.2014 passed by the Principal Senior Civil Judge, Rajkot below Exh. 5 in Special Civil Suit No. 176 of 2013, whereby the injunction application of the plaintiffs has been rejected.
6. The Co-ordinate Bench of this Court vide its order dated 14.08.2014 has passed by the following order :-
"Considering the impugned judgment, present Appeal deserves consideration. Hence, Appeal is ADMITTED.
Civil Application No.4983 of 2014 :
Rule. Learned advocate Mr. Thacker waives service of Rule on behalf of the respondent No.2.
Meanwhile, the parties to the proceedings are directed to maintain status-quo position qua suit property till Appeal is finally heard and disposed of. Rule is made absolute to the aforesaid extent."
7. It appears that during his life time, respondent No.1 has never bothered to appear before this Court and contest the Page 2 of 4 Uploaded by SALIM(HC01108) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 00:56:36 IST 2025 NEUTRAL CITATION C/AO/203/2014 ORDER DATED: 05/02/2025 undefined appeal. Considering such fact and considering the provision of law i.e Order 22 rule 4 sub rule-4 of CPC, this appeal can be proceeded in absence of legal heirs of respondent No.1 as well, which I undertake to do so.
8. After hearing learned advocates for the respective parties, I am of the view that the order dated 14.08.2014 as observed hereinabove, is after by-parte hearing, whereby this Court at the relevant point of time, was of view that status quo is required to be granted in favour of the plaintiffs in relation to the suit property till disposal of the appeal. Now, when the suit is ripe for hearing and at the stage of recording of evidence of the plaintiff, I am of the view that without disturbing such order of status quo at the mid of the proceedings, such order granting status quo in favour of the plaintiffs shall be continued till final disposal of the suit.
9. At this stage, I would like to clarify and observed that the trial Court is required to decide the lis between the parties as per the evidence coming on record and without being influenced by any of the order passed by it or passed by this Court. Further, it is required to take note of the fact that the suit is of the year 2013 and if it is at the stage of recording evidence of the plaintiffs, both the sides of the Page 3 of 4 Uploaded by SALIM(HC01108) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 00:56:36 IST 2025 NEUTRAL CITATION C/AO/203/2014 ORDER DATED: 05/02/2025 undefined suit to co-operate to the trial Court for early adjudication of the suit whereby the suit may be decided by the trial Court in accordance with law at the earliest.
10. In view of above observation and discussion, the present Appeal from Order is partly allowed. The order of status quo granted by this Court vide order dated 14.08.2014 is ordered to be continued till final disposal of the Special Civil Suit No. 176 of 2013 pending before the Principal Senior Civil Judge, Rajkot. Rule is made absolute to the aforesaid extent.
(MAULIK J.SHELAT,J) SALIM/ Page 4 of 4 Uploaded by SALIM(HC01108) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 00:56:36 IST 2025