Gujarat High Court
Jayshreeben Dineshbhai Thakkar vs Trivedi Kalidas Umiyashankar on 25 July, 2025
Author: Bhargav D. Karia
Bench: Bhargav D. Karia
NEUTRAL CITATION
C/MCA/2089/2023 ORDER DATED: 25/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR RECALL) NO. 2089 of 2023
In
R/SECOND APPEAL NO. 15 of 2023
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JAYSHREEBEN DINESHBHAI THAKKAR
Versus
TRIVEDI KALIDAS UMIYASHANKAR & ORS.
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Appearance:
MR ASIM PANDYA, LD.SR.ADV WITH MR SHYAM M SHAH(11348) for the
Applicant(s) No. 1
MR.JAY S SHAH(7244) for the Applicant(s) No. 1
ADVOCATE NOTICE NOT RECD BACK for the Opponent(s) No.
1,2.1.1,2.1.3,3
DELETED for the Opponent(s) No. 4.1
MS MEGHA JANI(1028) for the Opponent(s) No.
4.2,4.3,4.4,4.5.1,4.5.2,4.6,4.7
NOTICE SERVED for the Opponent(s) No. 6
NOTICE SERVED BY DS for the Opponent(s) No. 5
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CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 25/07/2025
ORAL ORDER
1. Heard learned Senior Advocate Mr.Asim Pandya with learned advocate Mr.Shyam M. Shah for the applicant and learned advocate Ms.Megha Jani for the opponent Nos.4.2, 4.3, 4.4, 4.5.1, 4.5.2, 4.6 and 4.7.
2. By this application, the applicant has prayed for the following reliefs :
"A) To admit and allow the present Civil Page 1 of 9 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Jul 31 2025 Downloaded on : Thu Jul 31 21:53:14 IST 2025 NEUTRAL CITATION C/MCA/2089/2023 ORDER DATED: 25/07/2025 undefined Application;
B) To Recall under Section 151 & Section 114 r/w Order 47 of CPC & Article 215 of Constitution on India the judgement dated 15.09.2023 in Second Appeal no.15 of 2023 before this Hon'ble Court and further be pleased to pass a fresh Order after considering the Civil Application no.02 of 2023 (For Joining Party) by the applicant; (At Annexure A1 to this application) C) Pending Hearing and final disposal of the present application be pleased to stay the operation, implementation and execution of the judgement dated 15.09.2023 in Second Appeal no.15 of 2023 before this Hon'ble Court. D) To pass any such other and further order which this Hon'ble Court may deem fit and appropriate in the interest of justice and equity."
3. The brief facts giving rise to this Page 2 of 9 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Jul 31 2025 Downloaded on : Thu Jul 31 21:53:14 IST 2025 NEUTRAL CITATION C/MCA/2089/2023 ORDER DATED: 25/07/2025 undefined application can be summarised as under :
3.1. This Court passed a Judgment and Order in Second Appeal No.15 of 2023 on 15.09.2023 by dismissing the Second Appeal confirming the order passed by the Appellate Court in Regular Civil Appeal No.87 of 2019 on the ground that no substantial questions of law has arisen from the order passed by the First Appellate Court.
3.2. It is the case of the applicant that the applicant was not party either in the Special Civil Suit No.124 of 2008 though the applicant purchased some portion of the land in the land bearing Survey No.809 situated at Village:Rancharda,Taluka:Kalol,District:Gandhi nagar.
3.3. The applicant was also not a party in Page 3 of 9 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Jul 31 2025 Downloaded on : Thu Jul 31 21:53:14 IST 2025 NEUTRAL CITATION C/MCA/2089/2023 ORDER DATED: 25/07/2025 undefined the Regular Civil Appeal No.87 of 2019 or before this Court in Second Appeal No.15 of 2023.
3.4. It is the case of the applicant that the applicant had also preferred Special Civil Suit No.35 of 2007 for partition and cancellation of the sale-deed dated 13th September, 2005 executed by the joint owners in favour of the respondents in Second Appeal No.15 of 2023.
3.5. It is the case of the applicant that by order dated 10th August, 2007, Exh.5 was granted in favour of the applicant in the Special Civil Suit No.35 of 2007 and by order dated 30th January, 2019, the said Special Civil Suit was dismissed against which the applicant preferred First Appeal No.711 of 2019 before this Court wherein, the Division Page 4 of 9 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Jul 31 2025 Downloaded on : Thu Jul 31 21:53:14 IST 2025 NEUTRAL CITATION C/MCA/2089/2023 ORDER DATED: 25/07/2025 undefined Bench of this Court by order dated 20th February, 2019 granted interim-relief to maintain status-quo in favour of the applicant.
3.6. It is also the case of the applicant that Special Civil Suit No.124 of 2008 filed by the joint owners of the property seeking cancellation of sale-deed was pending when the Special Civil Suit filed by the applicant was dismissed.
3.7. The Special Civil Suit No.124 of 2008 decided in favour of the original owners by cancelling the sale-deeds dated 13th September, 2005 was set-aside against which, the purchasers, who are respondents in Second Appeal and opponent Nos.4/1 to 4/7 in this application, preferred Regular Civil Appeal No.87 of 2019 which was allowed by order dated Page 5 of 9 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Jul 31 2025 Downloaded on : Thu Jul 31 21:53:14 IST 2025 NEUTRAL CITATION C/MCA/2089/2023 ORDER DATED: 25/07/2025 undefined 13.12.2022, against which the Second Appeal was preferred before this Court by the joint owners who executed the sale-deed dated 13th September, 2005.
3.8. It is the case of the applicant that the applicant also preferred a Civil Application for joining party on 18.04.2023, after the Second Appeal was heard and reserved for orders by this Court.
3.9. It is the case of the applicant that in view of such facts, the applicant has preferred this application to recall the order dated 15th September, 2023 passed in Second Appeal No.15 of 2023 as the right of the applicant in the land (in question) is affected and applicant is a proper and necessary party in the proceedings of the Second Appeal before this Court. Page 6 of 9 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Jul 31 2025 Downloaded on : Thu Jul 31 21:53:14 IST 2025
NEUTRAL CITATION C/MCA/2089/2023 ORDER DATED: 25/07/2025 undefined
4. After hearing the learned advocates for a considerable time, I am of the opinion that if the following clarifications are made, there is no need to recall the judgment and order dated 15th September, 2023 which will meet the ends of justice :
(i) As the applicant was not party in the Second Appeal No.15 of 2023, the judgment and order dated 15th September, 2023 naturally would not bind the applicant;
(ii) It goes without saying that the pending proceedings of First Appeal No.711 of 2019 arising out of the judgment and order passed in Civil Suit No.35 of 2007 are independent proceedings and there cannot be any bearing of the proceedings of Special Page 7 of 9 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Jul 31 2025 Downloaded on : Thu Jul 31 21:53:14 IST 2025 NEUTRAL CITATION C/MCA/2089/2023 ORDER DATED: 25/07/2025 undefined Civil Suit No.124 of 2008 and subsequent proceedings of the challenge in Regular Civil Appeal No.87 of 2019 resulting into the impugned judgment and order dated 15th September, 2023 rendered in Second Appeal No.15 of 2023;
(iii) It is also pertinent to note that the opponent Nos.4 to 4/7 are also party in the pending First Appeal No.711 of 2019. Therefore, it would be open for the applicant to raise all the contentions in respect of the right of the applicant in the pending proceedings.
(iv) It is also clarified that the judgment and order dated 15th September, 2023 rendered in Second Appeal No.15 of Page 8 of 9 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Jul 31 2025 Downloaded on : Thu Jul 31 21:53:14 IST 2025 NEUTRAL CITATION C/MCA/2089/2023 ORDER DATED: 25/07/2025 undefined 2023 is only on the facts presented before this Court in relation to the parties in the judgment.
5. In view of the above clarifications, the application is not entertained and is accordingly disposed of.
(BHARGAV D. KARIA, J) PALAK Page 9 of 9 Uploaded by PALAK BRAHMBHATT(HC01391) on Thu Jul 31 2025 Downloaded on : Thu Jul 31 21:53:14 IST 2025