Gujarat High Court
Marukumbhar Govindbhai Manilal vs Marukumar Manilal Rambhai on 23 June, 2025
NEUTRAL CITATION
C/SCA/8057/2025 ORDER DATED: 23/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8057 of 2025
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MARUKUMBHAR GOVINDBHAI MANILAL
Versus
MARUKUMAR MANILAL RAMBHAI & ORS.
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Appearance:
MS TASNIM A ZABUAWALA(10756) 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.Tasnim A. Zabuawala for the petitioner.
2. At the outset, learned advocate Mr.Zabuawala states that due to inadvertence on the part of petitioner, instead of filing an Appeal From Order, the present writ application is filed against the impugned order, so he does not press the present application with a liberty to file appropriate appeal before the appropriate court.
3. Prima facie, considering the operative portion of impugned judgment and order passed by the District Court concerned, whereby, it has remanded the matter back to the Trial Court while exercising its power under Order XLI Rule 23 Page 1 of 2 Uploaded by MOHD MONIS(HC01900) on Mon Jun 23 2025 Downloaded on : Mon Jun 23 23:58:50 IST 2025 NEUTRAL CITATION C/SCA/8057/2025 ORDER DATED: 23/06/2025 undefined (A) of the Civil Procedure Code, 1908 (for short "CPC"), an Appeal From Order under Order XLIII Rule 1(u) of CPC would lie.
4. Considering the aforesaid request made by learned advocate Mr.Zabuawala, it appears reasonable and requires acceptance.
5. It is open for the petitioner to file an appropriate appeal before the appropriate Court challenging the very some judgment challenged in the present writ application.
6. It is made clear that this Court had neither gone into nor examined the merits of the matter.
7. In view of the above, the present writ application is disposed of as withdrawn with the liberty as aforesaid. No order as to costs.
(MAULIK J.SHELAT,J) MOHD MONIS Page 2 of 2 Uploaded by MOHD MONIS(HC01900) on Mon Jun 23 2025 Downloaded on : Mon Jun 23 23:58:50 IST 2025