Gujarat High Court
Heirs Of Decd. Jitenbhai A. Jogadia vs Bhavnagar District Co Operative Bank ... on 3 November, 2025
NEUTRAL CITATION
C/SCA/2166/2024 ORDER DATED: 03/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2166 of 2024
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HEIRS OF DECD. JITENBHAI A. JOGADIA & ORS.
Versus
BHAVNAGAR DISTRICT CO OPERATIVE BANK LIMITED & ORS.
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Appearance:
MR MEHUL S SHAH, SENIOR ADVOCATE WITH MR SAMEE A
URAIZEE(7747) for the Petitioner(s) No. 1,1.1,1.2
MR JENIL M SHAH(7840) for the Petitioner(s) No. 1,1.1,1.2
MR CHIRAG B PATEL(3679) for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2,3,4
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 03/11/2025
ORAL ORDER
1. Heard learned Senior Advocate Mr.Mehul S. Shah with learned advocate Mr.Samee A. Uraizee for the petitioners and learned advocate Mr.Chirag B. Patel for respondent No.1. The presence of other respondents is not required.
2. The present writ application is filed under Article 227 of the Constitution of India, seeking following relief :-
"(a) Your Lordships may be pleased to issue a Writ of Certiorari, or any other writ, order or direction in the nature of Certiorari, quashing and setting aside the order dated 20-01-2024, rendered by the Court of the Principal Senior Civil Judge, Bhavanagar district, below Application Exh. 226 in Special Civil Execution No.31/2002, by rejecting the Application Exh. 226 with costs throughout (Ann.'E');
(b) Pending admission, hearing and final disposal of the present Petition Your Lordships may be pleased to order stay of the implementation, operation and execution of the Order dated 20-01-2024, rendered by the Court of the Principal Senior Civil Judge, Bhavanagar district, below Page 1 of 3 Uploaded by GAURAV J THAKER(HC00951) on Tue Nov 04 2025 Downloaded on : Tue Nov 04 22:14:27 IST 2025 NEUTRAL CITATION C/SCA/2166/2024 ORDER DATED: 03/11/2025 undefined Application Exh. 226 in Special Civil Execution No. 31/2002 (Ann.'E');
(c) Costs of the present Petition may be awarded to the Petitioners from the Respondents herein.
(d) Any other and / or further reliefs that may be deemed necessary and expedient in the interest of justice."
3. Learned Senior Advocate Mr.Shah would candid in his submission that in the light of the operative portion of the judgment and decree passed by the trial Court, the legal heirs of deceased -defendant No.2 requires to be joined in the pending execution.
3.2 Learned senior advocate Mr. Shah would submit that so far as the joining of legal heirs of deceased defendant No.2 is concerned, under the instruction of his client, learned Senior Advocate Mr.Shah does not have much grievance except to state that once the petitioners being legal heirs of defendant No.2 to be joined in the execution, all rights and contentions available to the petitioners may be kept open and to be decided by the Executing Court in the pending execution including their liability to pay any decreetal amount being legal heirs of deceased defendant No.2.
4. Per contra, learned advocate Mr. Chirag Patel for respondent No.1 would submit that as such petitioners requires to be joined and correctly joined by executing Court thereby, no serious error of law committed by the Court. He would further submit that all rights and contentions of respondent No.1 being decree holder also may be kept open and to be deiced by the Executing Court in pending execution.
Page 2 of 3 Uploaded by GAURAV J THAKER(HC00951) on Tue Nov 04 2025 Downloaded on : Tue Nov 04 22:14:27 IST 2025NEUTRAL CITATION C/SCA/2166/2024 ORDER DATED: 03/11/2025 undefined
5. As there is consensus ad-idem between the parties, so far as impleadment of legal heirs of deceased -defendant No.2 is concerned, the order impugned in the present writ application is not disturbed.
6. At the same time, it goes without saying that all rights and contentions of the respective parties to the execution proceedings are kept open and the petitioners herein who are joined as legal heirs of defendant No.2 can file their necessary objections if any and agitate all their contentions available including liability under the law while defending the aforesaid execution. At the same time, it is also open for the decree holder to agitate all legal contentions available to them. As the execution is pending since 2002, executing Court shall expedite its process of adjudication and complete it as expeditiously as possible, albeit in accordance with law.
7. With the aforesaid observation and discussion, the present writ application is disposed of. No order as to costs.
(MAULIK J.SHELAT,J) GAURAV J THAKER Page 3 of 3 Uploaded by GAURAV J THAKER(HC00951) on Tue Nov 04 2025 Downloaded on : Tue Nov 04 22:14:27 IST 2025