Kumar Jeramdas Keval Ramani vs Chandraprabha Builders Pvt. Ltd

Gujarat High Court

Kumar Jeramdas Keval Ramani vs Chandraprabha Builders Pvt. Ltd on 22 January, 2025

                                                                                                             NEUTRAL CITATION




                                C/SA/275/2023                                ORDER DATED: 22/01/2025

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                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                                          R/SECOND APPEAL NO. 275 of 2023
                                                        With
                                     CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
                                         In R/SECOND APPEAL NO. 275 of 2023
                                                        With
                          CIVIL APPLICATION (FOR VACATING INTERIM RELIEF) NO. 2 of 2023
                                         In R/SECOND APPEAL NO. 275 of 2023
                        ================================================================
                                                  KUMAR JERAMDAS KEVAL RAMANI
                                                             Versus
                                                CHANDRAPRABHA BUILDERS PVT. LTD.
                        ================================================================
                        Appearance:
                        MR NV GANDHI(1693) for the Appellant(s) No. 1
                        JENIL M SHAH(7840) for the Respondent(s) No. 1
                        ================================================================
                          CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                         Date : 22/01/2025
                                                          ORAL ORDER

1. By way of present Second Appeal, the appellant has challenged the order passed in Regular Civil Suit No.330 of 2010 and Special Civil Suit No.274 of 2011.

2. Brief facts leading to the present Second Appeal are that the present appellant filed Regular Civil Suit No.330 of 2010 for permanent injunction restraining to the defendant from dispossess from the premises without following due process of law.

3. The owner of the properties i.e. present respondent herein, had also filed Special Civil Suit No.247 of 2011, thereby seeking possession of the property from the appellant herein, and after hearing both the parties, the trial Court had Page 1 of 3 Uploaded by MANOJ KR. RAI(HC01072) on Fri Jan 24 2025 Downloaded on : Mon Jan 27 21:36:44 IST 2025 NEUTRAL CITATION C/SA/275/2023 ORDER DATED: 22/01/2025 undefined decreed the Special Civil Suit No.274 of 2011 and has dismissed Regular Civil Suit No.330 of 2010.

4. Being aggrieved by the said order, the said order was challenged before the District Judge, Rajkot and the first appellate Court confirmed the judgment and decree passed in Regular Civil Suit No.330 of 2010 and Special Civil Suit No.247 of 2011. Aggrieved by the said order, present Second Appeal has been filed.

5. When the matter came up before coordinate bench of this Court on 12.12.2024, learned advocate for the respondent stated that in Execution Proceeding No.259 of 2023, the possession of the property has already been taken from the present appellant and it is stated that the property has been sealed by Bailiff as per the order passed in Execution Proceeding No.259 of 2023. On 12.12.2024, statement was made by learned advocate for the respondent that the luggage of the appellant which are lying in the property can be handed over to the appellant as and when demands.

6. Looking to the fact of the present case, under instructions the learned advocate for the appellant has also stated that if the luggage is handed over back to the appellant, he does not want to proceed with present Second Appeal.

NEUTRAL CITATION C/SA/275/2023 ORDER DATED: 22/01/2025 undefined

7. In view of the said fact, learned advocate for the respondent has stated that the appellant can come on 28.01.2025 to take the luggage of the appellant lying in the suit premises and he has no objection with the said luggage is handed over to the appellant and learned advocate for the appellant stated that if handed over the possession of the premises to the respondent, the appellant has no objection to that also.

8. In view of the said fact, the Bailiff as appointed by the Court in Execution Proceeding No.259 of 2023, to hand over the keys of suit premises to the respondent on 28.01.2025 and on that date in front of the Bailiff after preparing the report by the Bailiff, the luggage of the appellant be handed over to the appellant.

9. In view of the said direction, learned advocate for the appellant does not press the present Second Appeal and the present Second Appeal stands disposed of as not pressed.

10. Accordingly, Civil Applications stand disposed of. Direct service is permitted.

(SANJEEV J.THAKER,J) Manoj Kumar Rai Page 3 of 3 Uploaded by MANOJ KR. RAI(HC01072) on Fri Jan 24 2025 Downloaded on : Mon Jan 27 21:36:44 IST 2025