Gujarat High Court
Sureshbhai Laxmanbhai Bharwad vs Thakor Babuji Gabhaji on 23 June, 2025
NEUTRAL CITATION
C/SCA/8100/2025 ORDER DATED: 23/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8100 of 2025
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SURESHBHAI LAXMANBHAI BHARWAD
Versus
THAKOR BABUJI GABHAJI & ORS.
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Appearance:
A R KADRI(7330) for the Petitioner(s) No. 1
MR Y J PATEL(3985) for the Petitioner(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 23/06/2025
ORAL ORDER
1. Heard learned advocate Mr. A. K. Kadri for the petitioner.
2. The present writ application is filed under Article 227 of the Constitution of India seeking following reliefs.
"(A) YOUR LORDSHIPS be pleased to issue an appropriate writ, order or direction, quashing and setting aside the impugned order dated 09.09.2024 passed by Ld. Add. Senior Civil Judge, Kalol, below Exh-14 at Annexure D, in Regular Civil Suit No.158 of 2022, in the interest of justice;
(B) YOUR LORDSHIPS be pleased to stay the implementation, operation and execution of the impugned order dated 09.09.2024 passed by Ld. Add. Senior Civil Judge, Kalol, below Exh-14 at Annexure-D, in Regular Civil Suit No.158 of 2022, pending the admission, hearing and final disposal of this petition;
(C) YOUR LORDSHIPS be pleased to grant such other and further Page 1 of 3 Uploaded by SALIM(HC01108) on Mon Jun 23 2025 Downloaded on : Mon Jun 23 23:58:55 IST 2025 NEUTRAL CITATION C/SCA/8100/2025 ORDER DATED: 23/06/2025 undefined reliefs as deemed fit in the interest of Justice."
3. At the outset, learned advocate Mr. Kadri would submit that after framing of the issues by the trial Court, plaintiff felt to lead appropriate evidence as per this pleading, issues are requires to be add-recasted for which impugned application came to be filed and same was rejected by the trial Court by observing that issue No.3 will take care the proposed issues, now given by the plaintiff.
4. Prima-facie, this Court is also in agreement with the trial Court, inasmcuh as issue No.3 is very broad wherein it encompass the prayers which are sought in the suit. It misconceived motion on the part of the petitioner happens to be plaintiff that in absence of appropriate issue, he would not be allowed to lead evidence. When the trial Court itself has framed an issue to the effect that whether the plaintiff is entitled to relief as prayed in the suit, the plaintiff is entitled to lead his evidence to get the prayers from the trial Court. As the trial Court has already observed this fact while rejecting the impugned application.
5. In view of the aforesaid, I do not find any merit in the present writ application, thereby, the present writ application is requires to be rejected.
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6. Nonetheless, in future, if the defendant raise any grievance about not framing of appropriate issue thereby raised an objection that plaintiff can not lead evidence on the issue which is proposed by the plaintiff in the impugned application, it is open for the trial Court to decide such aspect of the matter having all power to frame necessary issue before passing final judgment / decree.
7. In view of the aforesaid, the present writ application is rejected. No order as to costs.
(MAULIK J.SHELAT,J) SALIM/ Page 3 of 3 Uploaded by SALIM(HC01108) on Mon Jun 23 2025 Downloaded on : Mon Jun 23 23:58:55 IST 2025