Gujarat High Court
Sureshbhai Ravajibhai Patel Through ... vs Legal Heirs Of Deceased Bavalal ... on 14 October, 2025
NEUTRAL CITATION
C/SCA/14151/2025 ORDER DATED: 14/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14151 of 2025
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SURESHBHAI RAVAJIBHAI PATEL THROUGH POA BHARATBHAI
SHANTILAL PATEL & ANR.
Versus
LEGAL HEIRS OF DECEASED BAVALAL GOBARBHAI PATEL & ORS.
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Appearance:
MR MANOJ S JOSHI(2961) for the Petitioner(s) No. 1,2
MR YH VYAS(1001) for the Petitioner(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 14/10/2025
ORAL ORDER
1. Learned Advocate Mr. Vedant Gaikwad seeks permission to file his Vakalatnama on behalf of the respondent. Permission as prayed for is granted. Registry to accept the same and place it on record.
2. Heard learned Advocate Mr. Y. H. Vyas for the petitioners and learned Advocate Mr. Vedant Gaikwad for respondent No.1.1 who appeared on advance copy.
3. At the outset, learned Advocate Mr. Vyas was candid in his submissions that during the pendency of the present writ Page 1 of 4 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 00:23:29 IST 2025 NEUTRAL CITATION C/SCA/14151/2025 ORDER DATED: 14/10/2025 undefined application, due to Jangam Warrant issued by the Executing Court concerned, a banker's cheque of Rs.5,94,700/- has already been deposited by way of banker's cheque dated 9th October 2025, issued in favour of respondent No.1.1 herein. 3.1. So, learned Advocate Mr. Vyas would request this Court that as Regular Civil Appeal challenging the judgment and decree passed by the Trial Court is pending before the Appellate Court concerned, such deposit of banker's cheque by the petitioner due to honoring Jangam Warrant issued by the Executing Court, may be considered subject to the final outcome of such appeal.
4. Per contra, learned Advocate Mr. Gaikwad would submit that he has no objection if such observation be made by this Court. 4.1. Learned Advocate Mr. Gaikwad would further state that in pursuance to the execution proceedings, the possession of the suit property has now been received by the plaintiff from the defendant and the same may not be disturbed by the defendant.
5. Having heard learned Advocates appearing for the respective parties, it appears that during the pendency of the present writ Page 2 of 4 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 00:23:29 IST 2025 NEUTRAL CITATION C/SCA/14151/2025 ORDER DATED: 14/10/2025 undefined application, due to Jangam Warrant issued against the present petitioner being judgment debtor, a banker's cheque has been issued by him in favour of respondent No.1.1 herein as aforesaid. It is also not in dispute that Regular Civil Appeal No.154 of 2023 is pending before the Appellate Court concerned. So, in view of that, such deposit/payment of banker's cheque by the petitioner in favour of respondent No.1.1 would be subject to the final outcome of the aforesaid appeal.
6. It is open for the petitioner herein to request the Appellate Court to grant any stay against release of such amount and/or on suitable conditions, respondent No.1.1 may be allowed to enjoy such amount. As and when such application will be filed, the Appellate Court concerned shall decide the same after giving an opportunity of hearing to all the parties concerned in the appeal. Nevertheless, it is hereby made clear that if ultimately the petitioner succeeds in the aforesaid appeal, as per Section 144 of the Code of Civil Procedure, 1908, the Appellate Court shall pass an appropriate order in regards to the aforesaid payment deposited/paid by the petitioner to respondent No.1.1.
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NEUTRAL CITATION C/SCA/14151/2025 ORDER DATED: 14/10/2025 undefined
7. Before passing any relief in favour of the petitioner herein, the Appellate Court shall grant full opportunity of hearing to both the sides of the appeal.
8. In view of the aforesaid, the present writ application is disposed of accordingly. No order as to costs. Direct service is permitted.
(MAULIK J.SHELAT,J) NILESH Page 4 of 4 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 00:23:29 IST 2025