Gujarat High Court
Upendrikaba Vikramsinh Vaghela vs Divyaba Manharsinh Parmar on 1 May, 2025
NEUTRAL CITATION
C/AO/73/2025 ORDER DATED: 01/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/APPEAL FROM ORDER NO. 73 of 2025
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
In R/APPEAL FROM ORDER NO. 73 of 2025
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UPENDRIKABA VIKRAMSINH VAGHELA & ORS.
Versus
DIVYABA MANHARSINH PARMAR & ORS.
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Appearance:
MR.VISHAL J DAVE(6515) for the Appellant(s) No. 1,2,3
HARD S SONI(9357) for the Respondent(s) No. 1
MR VICKY B MEHTA(5422) for the Respondent(s) No. 2.1,2.2
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 01/05/2025
ORAL ORDER
Heard learned Advocate Mr.V J Dave for the appellants, learned Advocate Mr.Soni for the respondent no.1 and learned Advocate Mr.Mehta for the respondents no.2.1 and 2.2.
2. After arguing to some extent, with the consensus and addendum between the learned Advocates appearing for the respective parties that there are further suit proceedings instituted between the parties which are pending before the learned Civil Court, Sanand and considering the nature of dispute involved in the suits instituted between the parties, a joint submission is made on behalf of the parties that the parties will jointly request to the concerned Civil Court for its consolidation thereby, there would not be any conflict of judgment / decree passed by the trial Court.
3. At this stage, learned Advocate Mr.Dave for the appellants would submit that SCS No.87 of 2021 filed before the learned Principal Senior Civil Judge, Sanand appears to have been dismissed for default which Page 1 of 2 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Sat May 03 2025 Downloaded on : Mon May 05 23:58:15 IST 2025 NEUTRAL CITATION C/AO/73/2025 ORDER DATED: 01/05/2025 undefined may be permitted to get restored by making an application so that the same may be tagged and heard with the other suits filed by the respective respondents being RCS No.154 and 155 of 2012.
4. Considering the aforesaid fact situation, it will be open for the appellant to file necessary application for restoration / delay application in the suit which was instituted by him and got dismissed for default. If such application is filed, an opportunity of hearing may be given to the parties and the learned trial Court concerned shall decide the same in accordance with the law.
5. Insofar as the request to consolidate and hear the aforesaid suits together are concerned and in light of the fact that SCS No.87 of 2021 which is subject matter of challenge in the present appeal, it would be appropriate to observe that if the parties to the respective suits requests for consolidation for aforesaid suits to the concerned trial Court, the same may be considered and accepted considering the fact that parties to the suits are family members and to avoid any conflict of judgment and decree which may be passed in the respective suits.
6. Accordingly, the present appeal is disposed of. Needless to state that this Court has not gone into the merits of the matter and the learned trial Court shall decide the lis between the parties as per the evidence that may be available on record and in accordance with the law.
In view of the disposal of Appeal from Order, Civil Application does not survive.
Direct Service is permitted.
(MAULIK J.SHELAT,J) sompura Page 2 of 2 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Sat May 03 2025 Downloaded on : Mon May 05 23:58:15 IST 2025