Nitinkumar Rugnathbhai Rajgor vs Lalitaben Rugnathbhai Rajgor

Citation : 2025 Latest Caselaw 1481 Guj
Judgement Date : 29 July, 2025

Gujarat High Court

Nitinkumar Rugnathbhai Rajgor vs Lalitaben Rugnathbhai Rajgor on 29 July, 2025

                                                                                                                 NEUTRAL CITATION




                                C/SA/376/2024                                   ORDER DATED: 29/07/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                                R/SECOND APPEAL NO. 376 of 2024

                                                           With
                                         CIVIL APPLICATION (FOR STAY) NO. 2 of 2023
                                             In R/SECOND APPEAL NO. 376 of 2024
                       ==========================================================
                                             NITINKUMAR RUGNATHBHAI RAJGOR
                                                          Versus
                                           LALITABEN RUGNATHBHAI RAJGOR & ANR.
                       ==========================================================
                       Appearance:
                       MR D V KANSARA(7498) for the Appellant(s) No. 1
                       MR ASIT B JOSHI(2567) for the Appellant(s) No. 1
                       ==========================================================

                          CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                          Date : 29/07/2025

                                                           ORAL ORDER

1. The present Second Appeal has been filed challenging the order passed by 10th Additional District Judge, Rajkot in Regular Civil Suit No. 13 of 2012 whereby the preliminary decree has been passed on 30.11.2021. Learned advocate for the appellant has placed on record the order passed below Exh-120 whereby regular Civil Suit no. 100 of 2003 has been disposed of. The copy of the judgment dated 1/11/2023 is taken on record.

2. In view of the fact that final decree has been passed, the present Second Appeal is become infructuous. In view of the same, learned advocate for the appellant reserving his rights to file appropriate proceedings challenging the said decree seeks permission to withdraw the present Second Appeal in view of the fact that it become infructuous. In view of the same the permission to withdraw the Second Appeal challenging the preliminary decree is granted, the Second Appeal is Page 1 of 2 Uploaded by MS.PARUL DUTTA(HCD0073) on Thu Jul 31 2025 Downloaded on : Thu Jul 31 22:48:24 IST 2025 NEUTRAL CITATION C/SA/376/2024 ORDER DATED: 29/07/2025 undefined disposed of as withdrawn with a liberty to the appellant to challenge the final decree dated 1/11/2023 as per law.

3. In view of the same the Civil Application (For Stay) No. 2 of 2023 is also disposed of.

(SANJEEV J.THAKER,J) PD Page 2 of 2 Uploaded by MS.PARUL DUTTA(HCD0073) on Thu Jul 31 2025 Downloaded on : Thu Jul 31 22:48:24 IST 2025