Gujarat High Court
Mandar (Thaltej) Complex Private ... vs Gohel Punjabhai Sodabhai on 1 May, 2025
NEUTRAL CITATION
C/SCA/12734/2023 JUDGMENT DATED: 01/05/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12734 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE MAULIK J.SHELAT
==========================================================
Approved for Reporting Yes No
==========================================================
MANDAR (THALTEJ) COMPLEX PRIVATE LIMITED
Versus
GOHEL PUNJABHAI SODABHAI & ORS.
==========================================================
Appearance:
MR AS VAKIL(962) for the Petitioner(s) No. 1
MR CHINMAY M GANDHI(3979) for the Respondent(s) No. 1,4,5,6,7
MS RUMI M GANDHI(3472) for the Respondent(s) No. 1,4,5,6,7
NOTICE SERVED for the Respondent(s) No. 2,3
==========================================================
CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 01/05/2025
ORAL JUDGMENT
1. Rule returnable forthwith. Learned advocate Mr. Chinmay M. Gandhi waives service of notice of rule on behalf of respondent nos. 1, 4 to 7. Though served, none present for respondent Nos. 2 and 3. However, their presence is not required for adjudication of present petition. Page 1 of 5 Uploaded by DRASHTI K. SHUKLA(HC00354) on Fri May 09 2025 Downloaded on : Sat May 10 11:43:43 IST 2025
NEUTRAL CITATION C/SCA/12734/2023 JUDGMENT DATED: 01/05/2025 undefined
2. The present writ application is filed under Article 227 of the Constitution of India challenging the order dated 08.04.2023 passed by the learned Principal Senior Civil Judge, Sanand, Ahmedabad below Application at Exh.51 filed on 20.03.2023 in Regular Civil Suit No.22 of 2005.
3. The petitioner herein is the original defendant no. 1. It further appears that, after restoring the suit to its file, respondent nos. 4 to 7 herein to be joined in the suit filed an application below Exhibit 51 on 20th March 2023, which came to be allowed by the trial court vide its impugned order dated 8th April 2023. Being aggrieved and dissatisfied with the impugned order, the present writ application has been filed.
4. At the outset, learned advocates appearing for the respective parties have jointly submitted that, the impugned order may be quashed and set aside and the matter may be remanded back to the trial court to rehear and re-decide the impugned application below Exhibit 51 by giving an opportunity of hearing to all parties. It is further prayed that this Court having quashed and set aside the order dated 16th February Page 2 of 5 Uploaded by DRASHTI K. SHUKLA(HC00354) on Fri May 09 2025 Downloaded on : Sat May 10 11:43:43 IST 2025 NEUTRAL CITATION C/SCA/12734/2023 JUDGMENT DATED: 01/05/2025 undefined 2023 passed by the appellate court in Miscellaneous Civil Appeal No. 4 of 2023, whereby the suit was restored back on its file but which is now no longer it remained and having so remanded said appeal back for its rehearing, until Miscellaneous Civil Appeal No. 4 of 2023 is decided by the appellate court, the impugned application filed below Exhibit 51 may be kept in abeyance by the trial court.
5. Heard learned advocates for the respective parties. When this Court vide its order dated 1st May 2025 quashed and set aside the order dated 16th February 2023 passed by the learned Second Additional District and Sessions Judge, Ahmedabad in Miscellaneous Civil Appeal No. 4 of 2023 in another writ application filed by the petitioner being Special Civil Application No. 12645 of 2023, the suit, which was ordered to be restored back on its file, no longer remains. In that factual position, it would not be appropriate for the trial court to decide or proceed with the suit. At the same time, when said order passed by appellate court is set aside and order passed in the impugned application filed below Exhibit 51 by respondent nos. 4 to 7 herein appears to have been passed Page 3 of 5 Uploaded by DRASHTI K. SHUKLA(HC00354) on Fri May 09 2025 Downloaded on : Sat May 10 11:43:43 IST 2025 NEUTRAL CITATION C/SCA/12734/2023 JUDGMENT DATED: 01/05/2025 undefined without affording opportunity to petitioner and so jointly submitted by learned advocate appearing for respective parties to quash it, this Court would accede to such request.
6. Thus, in view of the aforesaid submissions and the order dated 1st May 2025 passed by this Court in Special Civil Application No. 12645 of 2023, the impugned order passed by the trial court dated 8th April 2023 is hereby quashed and set aside. The matter is remanded back to the trial court. The impugned application filed by respondent nos. 4 to 7 below Exhibit 51 is restored to its file in the suit. Nonetheless, The trial court shall hear and decide afresh the impugned application filed below Exhibit 51 in the event that the suit is restored to its file if aforesaid appeal will be allowed by appellate court but till such time, trial court is directed not to proceed either with impugned application filed below Exhibit 51 or suit itself having yet to be restored back on its file.
7. As this Court has already quashed and set aside the order dated 16th February 2023 passed by the appellate court in Miscellaneous Civil Appeal No. 4 of 2023, thereby restoring the Page 4 of 5 Uploaded by DRASHTI K. SHUKLA(HC00354) on Fri May 09 2025 Downloaded on : Sat May 10 11:43:43 IST 2025 NEUTRAL CITATION C/SCA/12734/2023 JUDGMENT DATED: 01/05/2025 undefined suit to its original file, it is clarified that if ultimately Miscellaneous Civil Appeal No. 4 of 2023 is allowed - resulting in Regular Civil Suit No. 22 of 2005 being restored back to its file - then the trial court shall re-adjudicate the impugned application filed below Exhibit 51 after giving an opportunity of hearing to all concerned parties and decide the same in accordance with law.
8. In view of aforesaid, present petition is partly allowed to aforesaid extent. Rule made absolute accordingly. No order as to cost.
(MAULIK J.SHELAT,J) DRASHTI K. SHUKLA Page 5 of 5 Uploaded by DRASHTI K. SHUKLA(HC00354) on Fri May 09 2025 Downloaded on : Sat May 10 11:43:43 IST 2025