Gujarat High Court
L H Of Mohanlal Mahadev Solanki vs L H Of Rama Pachan on 24 February, 2025
NEUTRAL CITATION
C/SA/560/2024 ORDER DATED: 24/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SECOND APPEAL NO. 560 of 2024
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
In
R/SECOND APPEAL NO. 560 of 2024
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L H OF MOHANLAL MAHADEV SOLANKI & ORS.
Versus
L H OF RAMA PACHAN & ORS.
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Appearance:
GANDHI LAW ASSOCIATES(12275) for the Appellant(s) No. 1,1.1,1.2,1.3
GOVERNMENT PLEADER for the Respondent(s) No. 6,7,8
MR MEET M KATIRA(10504) for the Respondent(s) No. 1,1.1,1.2
MR. MRUGESH A BAROT(6709) for the Respondent(s) No. 1,1.1,1.2
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 24/02/2025
ORAL ORDER
1. Heard learned senior advocate Mr. Mihir Joshi alongwith learned advocate Mr. Arjun Joshi and learned advocate Mr. Keyur D. Gandhi for Gandhi Law Associates for the appellants.
2. The present Second Appeal has been filed challenging the judgment and decree passed by 2 nd Additional Sessions Judge, Anjar -Kachchh in Regular Civil Appeal No.51 of 2024 dated 14.11.2024 by which the Regular Civil Suit No.84 of 2011 pending before the Principal Senior Civil Judge, Anjar came to be restored.
3. The First Appeal was filed as an order was passed below Exhibit-1 and the said order was passed by virtue of Exhibit-48 & 49 in Regular Civil Suit No.84 of 2011, Page 1 of 3 Uploaded by MANOJ KR. RAI(HC01072) on Wed Mar 05 2025 Downloaded on : Fri Mar 14 22:42:09 IST 2025 NEUTRAL CITATION C/SA/560/2024 ORDER DATED: 24/02/2025 undefined whereby, by an order dated 28.12.2018, the trial Court on the ground that defendant No.5 has expired and the suit stood abate as per an order dated 13.02.2017 and by virtue of an order passed below Exhibit-48 as the said application was rejected the suit stood abate qua defendant No.5 and ultimately the order was passed below Exhibit-1 whereby the entire suit stood abate.
4. Today, when the matter is heard, both the learned senior advocates for the parties have stated that without entering into the merits of the case and keeping rights of both the parties open before the Appellate Court, the order passed in Regular Civil Appeal No.51 of 2024, dated 14.11.2024 passed by 2nd Additional Sessions Judge, Anjar Kachchh be quashed and set aside and the matter be remanded to the District Court to rehear the Regular Civil Appeal No.51 of 2024 on merits.
5. AGP Mr. Bharat Vyas submits that he has no objection if the matter is remanded to the trial Court for fresh adjudication.
6. In view of the said fact, as consent is by both the parties to the proceedings, this Court is not entering into Page 2 of 3 Uploaded by MANOJ KR. RAI(HC01072) on Wed Mar 05 2025 Downloaded on : Fri Mar 14 22:42:09 IST 2025 NEUTRAL CITATION C/SA/560/2024 ORDER DATED: 24/02/2025 undefined the merits of the case and the judgment and decree in Regular Civil Appeal No.51 of 2024 is quashed and set aside.
7. The matter is remanded to the concerned District Court to rehear the matter on merits. Both the parties will be at liberty to raise all the points available to them in law for adjudication of the said Regular Civil Appeal No.51 of 2024, in view of the fact that the suit was of the year 2011, the present Regular Civil Appeal No.51 of 2024 is pending, the learned District Judge to decide the said appeal expeditiusly preferably within a period of six months from the date of receipt of this order.
8. In view of the same, the present Second Appeal is disposed of.
9. In view of the order passed in the main matter, Civil Application does not survive and stands disposed of accordingly.
(SANJEEV J.THAKER,J) Manoj Kumar Rai Page 3 of 3 Uploaded by MANOJ KR. RAI(HC01072) on Wed Mar 05 2025 Downloaded on : Fri Mar 14 22:42:09 IST 2025