Vishnuji Shankerji Thakore vs Prakashbhai Mangaldas Prajapari

Gujarat High Court

Vishnuji Shankerji Thakore vs Prakashbhai Mangaldas Prajapari on 3 October, 2025

                                                                                                                 NEUTRAL CITATION




                             C/SCA/13600/2025                                     ORDER DATED: 03/10/2025

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                              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                              R/SPECIAL CIVIL APPLICATION NO. 13600 of 2025
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                                             VISHNUJI SHANKERJI THAKORE
                                                        Versus
                                          PRAKASHBHAI MANGALDAS PRAJAPARI
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                       Appearance:
                       MR ANIL C THAKORE(2324) for the Petitioner(s) No. 1
                       =============================================

                        CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                                                          Date : 03/10/2025

                                                             ORAL ORDER

1. Heard the learned counsel Mr.Anil C. Thakore for the petitioner. The present application is filed under Article 226 of the Constitution of India seeking following reliefs:-

"A. Your Lordships may be pleased to admit and allow this Special Civil Application.

B.Your Lordships may be pleased to issue a writ of mandamus or any other appropriate direction to the District Court, Gandhinagar in RCA No.22/21 for deciding the final judgment in the above appeal in accordance with law and evidence on record with appropriate time limit in the interest of justice. C. Pending hearing and final disposal fo the petition Hon'ble Court may be pleased to grant the ad interim stay against the judgment and decree in Regular Civil Suit No.212/2013 passed by the Ld.Trial Court Judge for implementation, operation and execution till the final decision of the Regular Civil Appeal No.22/21 in the interest of justice.

D. To grant such other and further relief that may be deemed fit and proper in the facts and circumstances of the case in the interest of justice;"

NEUTRAL CITATION C/SCA/13600/2025 ORDER DATED: 03/10/2025 undefined

2. At the outset, learned advocate Mr.Thakore would submit that present petitioner herein is the original appellant of the Regular Civil Appeal No.22 of 2021 pending before the District Court, Gandhinagar and despite a pursis filed below Exhibit '19' on 18.10.2024, learned advocates appearing for the respective parties have declared it that no further arguments will be submitted. As both the sides have submitted their written arguments, despite that, the Appellate Court concerned is not finally deciding the aforesaid appeal.

3. Learned advocate Mr.Thakore would humbly request this Court that appropriate directions be issued to the Appellate Court to decide aforesaid appeal as expeditiously as possible.

4. Prima facie, after going through the present writ application and so also the documents submitted along with it, more particularly, pursis dated 18.10.2024 jointly submitted by the learned advocates for the respective parties below Exhibit '19' in above referred appeal, pending before District Court, Gandhinagar, it seems that such appeal was pending for final adjudication since October-2024, wherein the learned advocates appearing for respective parties have jointly declared that they are not intending to submit any oral arguments. If it be so, there is no reason for Appellate Court not to decide and adjudicate aforesaid appeal.

5. At the same time, if any further assistance requires on the part of the Appellate Court concerned before delivering judgment in the appeal, it is always open for the Court concerned to call upon the learned advocates.

NEUTRAL CITATION C/SCA/13600/2025 ORDER DATED: 03/10/2025 undefined

6. In any case, when a year is passed from submission of written arguments, the Appellate Court is hereby directed to decide and adjudicate the Regular Civil Appeal No.22 of 2021 as early as possible preferably on or before 31.01.2026. If so required, it is open for the Appellate Court to call upon the learned advocates for the respective parties for further assistance before passing final judgment.

7. With the aforesaid observations and directions, the present writ application is disposed of, accordingly.

Direct Service permitted.

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