Gujarat High Court
Legal Heirs Of Sureshbhai Chhaganbhai ... vs Aamalzar Gram Panchayat on 6 February, 2025
NEUTRAL CITATION
C/SCA/10093/2010 ORDER DATED: 06/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10093 of 2010
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LEGAL HEIRS OF SURESHBHAI CHHAGANBHAI VASAVA & ORS.
Versus
AAMALZAR GRAM PANCHAYAT & ORS.
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Appearance:
MR MM SAIYED(1806) for the Petitioner(s) No. 1,1.1,1.2,1.3,1.4,1.5
MR VIJAY H NANGESH(3981) for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 06/02/2025
ORAL ORDER
1. Heard learned advocate Mr.M.M.Saiyed appearing for the petitioners and Mr.Vijay H.Nagesh, learned advocate for the respondents.
2. At the outset, this court vide its order dated 23.01.2025 passed following order:-
"The present petition was listed yesterday in the list of critically old matters. It was reported that learned advocate for the petitioner was having some personal difficulty, so, matter was adjourned today. Today, it is reported that learned advocate for the petitioner has filed sick note.
Prima facie, after going through the impugned order which is passed under Section 6 of the Specific Relief Act against which there is no remedy of appeal available to the petitioner, but at the same time, this Court is of the view that such impugned order is required to be challenged by the petitioner by filing Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908.
When the present petition is critically old matter, as a last chance, matter is adjourned to 05.02.2025.
3. Learned advocate Mr.Saiyed, under the instructions of his client, states that the petitioners are not pressing the present petition at this stage with a liberty to file revision application under Section 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the Code, 1908").
3.1 At this stage, learned advocate Mr.Saiyed would request this Court to permit the petitioners to withdraw the present petition Page 1 of 3 Uploaded by MOHD MONIS(HC01900) on Mon Feb 10 2025 Downloaded on : Mon Feb 10 22:03:11 IST 2025 NEUTRAL CITATION C/SCA/10093/2010 ORDER DATED: 06/02/2025 undefined with liberty to file an appropriate Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 before this Court thereby petitioners can challenge the impugned order by way of Revision Application. He would further submit that the impugned order was passed on 15.05.2010 and at this stage, if the petitioners desires to file a revision application under Section 115 of the Code, 1908, the question of delay would arise. So, he would request this Court that suitable observation may be made that Court ,which is going to take up Revision Application may sympathetically consider the Delay Application which may be filed by the petitioners and a benefit of Section 14 of Limitation Act, 1963 may be given to the petitioners as they were under bona-fide impression while pursuing the present petition filed under Article 227 of the Constitution of India. when he approaches this Court by way of an independent Civil Revision Application under Section 115 of the Code, 1908 along with delay application. If the petitioners prayed such grant in his application, thereby requesting to grant / extent the benefit of Section 14 of Indian Limitation Act, the Court concerned may consider the same in light of the aforesaid and in accordance with law.
3.2 Learned advocate Mr.Saiyed states that during the pendency of the present application, one of the petitioners died. He would further request to this Court that certified copy of impugned judgment and decree passed thereon maybe returned back to the petitioner to undertake to request by submitting Xerox copy.
4. Per contra, learned advocate Mr.Vijay H. Nangesh appearing for the respondents, he is not joining the issue so far as the remedy of Civil Revision Application is concerned which is appropriate and correct remedy to be availed by the petitioners.
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5. In view of above, at this stage, petitioners are permitted to withdraw the present petition which is inadvertently filed challenging the impugned order with a liberty reserved in favour of the petitioners to file an appropriate Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908. If the petitioners will file such Revision Application before this Court, there would be a delay in filing such Revision Application but when the petitioners were bona-fidely pursuing wrong remedy before this Court by filing present petition under Article 227 of the Constitution of India, they are always entitled to have benefit of provisions of Section 14 of the Limitation Act, 1963 and considering the aforesaid facts, this Court will consider the Delay Application while hearing the Revision Application.
6. It is made clear that this Court has neither gone into nor examined the merits of the matter, which may be considered by the appropriate Court in appropriate proceedings in accordance with law.
7. With the aforesaid observations, permission is granted to the petitioners to withdraw the present petition, at this stage, reserving the aforesaid liberty in favour of the petitioners to file Civil Revision Application as observed hereinabove. It is made clear that this Court has neither gone into nor examined the merits of the matter which may be independently examined in the Civil Revision Application which is to be filed by the petitioners..
8. The Registry shall return the certified copy of the impugned judgment and decree annexed in t he present petition to the learned advocate for the petitioners by taking its Xerox Copy, which shall be replaced the copy in the file of the present petition.
(MAULIK J.SHELAT,J) MOHD MONIS Page 3 of 3 Uploaded by MOHD MONIS(HC01900) on Mon Feb 10 2025 Downloaded on : Mon Feb 10 22:03:11 IST 2025