Gujarat High Court
L H Of Late Laljibhai Ramjibhai Chavda vs Jivuben Dayabhai Chavda on 12 September, 2025
NEUTRAL CITATION
C/SCA/12763/2025 ORDER DATED: 12/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12763 of 2025
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L H OF LATE LALJIBHAI RAMJIBHAI CHAVDA & ORS.
Versus
JIVUBEN DAYABHAI CHAVDA & ORS.
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Appearance:
MR. AJIT S NAIR(10802) for the Petitioner(s) No.
1,1.1,1.2,1.3,1.4,1.5,1.6,1.7,1.8,1.9,2
MR. DHAVAL TRIVEDI, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 8
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 12/09/2025
ORAL ORDER
1. Heard learned Advocate Mr. Ajit S. Nair for the petitioners and learned Assistant Government Pleader Mr. Dhaval U. Trivedi for respondent No.8.
2. Learned A.G.P. Mr. Trivedi drawn the attention of this Court that the judgment and decree passed by the Appellate Court concerned, impugned in the present writ application, requires to be challenged by way of second appeal under Section-100 of the Code of Civil Procedure, 1908. As such, it would not be appropriate to file an application under Article 227 of the Page 1 of 3 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Fri Sep 12 2025 Downloaded on : Sat Sep 13 07:38:48 IST 2025 NEUTRAL CITATION C/SCA/12763/2025 ORDER DATED: 12/09/2025 undefined Constitution of India, on noticing such fact, under the instructions of his client, learned Advocate Mr. Nair would request this Court to permit the petitioners to withdraw the present writ application with liberty to file an appropriate second appeal before this Court under Section-100 of C.P.C., whereby, petitioners can challenge the impugned judgment and decree dated 29/03/2025 passed by the Principal District Judge, Botad in Regular Civil Appeal No.17 of 2019.
3. Permission as sought for is granted. It is open for the petitioners to challenge the impugned judgment and decree dated 29/03/2025 passed by the Principal District Judge, Botad in Regular Civil Appeal No.17 of 2019.
4. It is made clear that this Court has neither gone into nor examined the merits of the matter.
5. The Registry shall return the certified copy of the judgment and decree impugned in the present writ application passed by the Appellate Court concerned to the learned Advocate for the petitioners by taking its xerox copy for the record.
6. It goes without saying that petitioners, while filing delay application in such second appeal, can claim the benefit of Page 2 of 3 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Fri Sep 12 2025 Downloaded on : Sat Sep 13 07:38:48 IST 2025 NEUTRAL CITATION C/SCA/12763/2025 ORDER DATED: 12/09/2025 undefined Section-14 of the Limitation Act, 1963.
7. With the aforesaid observations, reserving liberty in favor of the petitioners, the present writ application is disposed of as withdrawn. No order as to costs.
(MAULIK J. SHELAT, J) Nilesh Page 3 of 3 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Fri Sep 12 2025 Downloaded on : Sat Sep 13 07:38:48 IST 2025