Gujarat High Court
Karsandas Bhagwanji Makadia vs Bhagwanji Devraj Makadia Since ... on 1 July, 2025
NEUTRAL CITATION
C/SCA/8578/2025 ORDER DATED: 01/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8578 of 2025
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KARSANDAS BHAGWANJI MAKADIA
Versus
BHAGWANJI DEVRAJ MAKADIA SINCE DECEASED THROUGH & ORS.
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Appearance:
MR. S. M. GOHIL(3785) for the Petitioner(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 01/07/2025
ORAL ORDER
1. Learned Advocate Mr.S.M. Gohil for the petitioner.
2. The present application is filed under Article 227 of the Constitution of India seeking the following relief:_ "A. This Hon'ble Court be pleased to admit and allow the present Petition;
B. This Hon'ble Court be Pleased to Issue an appropriate Writ, Order and/or Direction quashing an setting aside the Order dated 08/05/2025 passed in Special Civil Suit No. 24 of 2017 [Old number S.C.S 114 of 2012] by the Hon'ble Principal Senior Civil Judge, Vanthali after calling for and examining the records and proceedings of the said case,; (Annex:A.). C. That pending hearing and Final disposal of the present Petition, this Hon'ble Court be pleased to Stay the further proceedings in Special Civil Suit No. 24 of 2017 [Old number S.C.S 114 of 2012] by the Hon'ble Principal Senior Civil Judge, Vanthali; (Annex.). D. That Ex Parte Ad-Interim Reliefs in terms of Para C above may kindly be granted and confirmed after notice to the Respondents; E. Be pleased to pass any such further other reliefs that in the facts and circumstances, may be deemed fit in the interests of justice.
3. At the outset, learned advocate Mr. Gohil stated that at Page 1 of 4 Uploaded by MOHD MONIS(HC01900) on Tue Jul 01 2025 Downloaded on : Wed Jul 02 02:57:08 IST 2025 NEUTRAL CITATION C/SCA/8578/2025 ORDER DATED: 01/07/2025 undefined the fag end of the suit proceedings, the Trial Court vide its order dated 8th May 2025, passed the impugned order whereby an additional issue is framed, which has caused great inconvenience and delayed the disposal of the suit, which ultimately reached at the stage of judgment as the arguments of both sides were already over.
3.1. Learned Advocate Mr. Gohil would submit that by framing such an issue, which is, of course, a pure question of law, the Trial Court would surely allow the parties to lead evidence, which is not appropriate mode to decide such an issue.
3.2. So, learned advocate Mr. Gohil would submit that this Court may interfere with the matter and pass an appropriate order, thereby, the adjudication of the suit may not be delayed further.
4. Prima facie, the apprehension expressed by learned Advocate Mr. Gohil is not correct, as the Trial Court is empowered to frame an issue before passing a final Page 2 of 4 Uploaded by MOHD MONIS(HC01900) on Tue Jul 01 2025 Downloaded on : Wed Jul 02 02:57:08 IST 2025 NEUTRAL CITATION C/SCA/8578/2025 ORDER DATED: 01/07/2025 undefined judgment/decree. The Trial Court, having found from the pleadings and evidence that a necessary issue which, according to the Trial Court, was left out, was framed. At the same time, a plain reading of the issue framed by the Trial Court as regards the right of execution of Will by the father of defendant No. 2 is concerned, appears to be a pure question of law. Nothing further is mentioned in the order whereby it can be assumed that the Trial Court has permitted defendant No. 2 and/or called upon the plaintiff to lead evidence on such an additional issue.
5. Be that as it may, it is open for the petitioner herein to submit an appropriate application before the Trial Court to decide such an additional issue, being purely question of law, on the strength of the pleadings and evidence available on record. If such an application is filed, after giving an opportunity of being heard to all the parties concerned, the Trial Court is requested to decide this application in accordance with law.
6. At this stage, this Court would not like to interfere with Page 3 of 4 Uploaded by MOHD MONIS(HC01900) on Tue Jul 01 2025 Downloaded on : Wed Jul 02 02:57:08 IST 2025 NEUTRAL CITATION C/SCA/8578/2025 ORDER DATED: 01/07/2025 undefined the order impugned in the present application, except as observed hereinabove.
7. In view of the aforesaid, Advocate Mr. Gohil, under instructions from his client, does not press the present application, seeking the aforesaid liberty as observed hereinabove.
8. Request of learned Advocate Mr. Gohil is accepted.
9. The present application is disposed of reserving liberty in favour of the petitioner to file an appropriate application as observed hereinabove.
10. Direct service is permitted.
(MAULIK J.SHELAT,J) MOHD MONIS Page 4 of 4 Uploaded by MOHD MONIS(HC01900) on Tue Jul 01 2025 Downloaded on : Wed Jul 02 02:57:08 IST 2025