Gujarat High Court
Kishorchand Ratilal Kapadia vs Rajendra Keshavlal Patel on 13 November, 2025
NEUTRAL CITATION
C/SA/183/2025 ORDER DATED: 13/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SECOND APPEAL NO. 183 of 2025
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
In R/SECOND APPEAL NO. 183 of 2025
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KISHORCHAND RATILAL KAPADIA
Versus
RAJENDRA KESHAVLAL PATEL & ORS.
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Appearance:
MR MJ MEHTA(5797) for the Appellant(s) No. 1
MR NANDISH H SHAH(11330) for the Appellant(s) No. 1
MR SAURABH J MEHTA(2170) for the Appellant(s) No. 1
BIREN J PANCHAL(9300) for the Respondent(s) No. 3,4,5
NILESHKUMAR R MANIYA(8978) for the Respondent(s) No. 3,4,5
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 13/11/2025
ORAL ORDER
1. It is admitted position that, the learned appellate passed the judgment and decree in Regular Civil Appeal No.109 of 2017 in absence of the appellant. There is no bar in disposing the RCA in absence of the appellant, but it should be dismissed for non- prosecution as per Order XLI Rule 17 of the Code of Civil Procedure, 1908, the Court should not rush to decide the matter on merit without hearing the appellant.
2. Considering these legal aspects available on the appeal, learned Senior Advocate Mr. H.M. Parikh assisted by learned advocate Mr. M.J. Mehta for the appellant and learned Senior Advocate Mr. Tolia, assisted by learned advocate Mr. Biren J.
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Panchal for the respondents, jointly submitted that for the misconduct of the appellant for not being present before the Court on 56 different dates, the cost is to be imposed upon the appellant and the appeal is to be remanded back to the learned appellate Court to decide it afresh in a time-bound manner.
3. Learned Senior Advocate Mr. Tolia has further shown his apprehension that appellant may further drag the appeal without remaining present in the appeal hearing.
4. Learned Senior Advocate Mr. H.M. Parikh, as against this submission, would submit that on the first date which is to be fixed for the appeal by this Court, the appellant shall remain present for arguing the appeal on its own merit and shall not seek any adjournment.
5. In the aforesaid circumstances, since the consensus has been arrived at between the parties in regards to remanding the matter back to the learned appellate Court for fresh hearing of first appeal, the impugned judgment and decree passed in RCA No.109 of 2017 is quashed and set aside on the consensus without adverting to the merits thereon.
6. The appellant - Kishorchandra Ratilal Kapadia is saddled with the cost of Rs.15,000/- to be paid to the District Legal Service Authority, District Court, Surat, within 02 weeks from today. Subject to payment of the costs, the appeal is restored to the hearing before the Principal District Judge, Surat.
7. The appeal being Regular Civil Appeal No.109 of 2017 shall be listed before the Principal District Judge, Surat on Page 2 of 3 Uploaded by Raj Subhash Dhobi(HC01779) on Thu Nov 13 2025 Downloaded on : Fri Nov 14 00:57:21 IST 2025 NEUTRAL CITATION C/SA/183/2025 ORDER DATED: 13/11/2025 undefined 24.11.2025. Both the parties are hereby directed to remain present before the Principal District Judge, Surat for hearing of the first appeal afresh. The learned Principal District Judge, Surat shall decide the appeal within 06 weeks from 24.11.2025. Both the parties, without seeking any adjournment, shall proceed to argue the appeal on 24.11.2025 or as convenient to the learned Principal District Judge, Surat.
8. Needless to state that this Court has not examined the merits of the dispute between the parties. Both the parties would be at liberty to raise all contentions, which they have kept reserved.
9. The Registry is directed to intimate the passing of aforesaid order to the learned Principal District Judge, Surat in advance i.e. before 24.11.2025.
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