Gujarat High Court
Hansaben Wd/O Natvarbhai Becharbhai vs Savitaben D/O Jivanbhai Bhanabhai ... on 18 September, 2025
NEUTRAL CITATION
C/SCA/13039/2025 ORDER DATED: 18/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13039 of 2025
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HANSABEN WD/O NATVARBHAI BECHARBHAI & ORS.
Versus
SAVITABEN D/O JIVANBHAI BHANABHAI PATEL AND W/O SUKABHAI
RANCHHODBHAI PATEL
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Appearance:
MR VISHAL B MEHTA(5319) for the Petitioner(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 18/09/2025
ORAL ORDER
1. Heard learned advocate Mr.Vishal B. Mehta for the petitioners.
2. After arguing for some time, under the instruction of his clients, learned advocate Mr.Mehta does not invite reasons inasmuch as it has been pointed out to learned advocate Mr.Mehta that while rejecting the impugned application below Exh.127 filed by the petitioners herein, the Trial Court very much observed in its impugned order that to overcome any prejudice caused to the parties, the Regular Civil Suit No.12 of 2012 in question be heard along with Regular Civil Appeal No.14 of 2016, wherein, Will in question is already exhibited.
3. In light of the above, learned advocate Mr.Mehta, under the instruction of his clients, does not press the present writ Page 1 of 2 Uploaded by MOHD MONIS(HC01900) on Thu Sep 18 2025 Downloaded on : Fri Sep 19 00:34:42 IST 2025 NEUTRAL CITATION C/SCA/13039/2025 ORDER DATED: 18/09/2025 undefined application.
4. Nonetheless, he would request this Court that the Trial Court may be advised/directed to decide both the suits together to avoid any contrary judgment / any prejudice caused to any of the parties to the suit, who are common.
5. It goes without saying and as such, observed by the Trial Court vide its impugned order dated 25.07.2025 that both the aforesaid suits were heard together for its decision, thereby, no prejudice would cause to the parties, who are common in both the suits.
6. As the suit appears to be at the final hearing stage, the parties to the suit shall extend their cooperation and support to the Trial Court, thereby, it can be heard and decided together in accordance with law.
7. In view of the aforesaid observation, the present writ application is disposed of as withdrawn. No order as to costs.
8. Direct service is permitted.
(MAULIK J.SHELAT,J) MOHD MONIS Page 2 of 2 Uploaded by MOHD MONIS(HC01900) on Thu Sep 18 2025 Downloaded on : Fri Sep 19 00:34:42 IST 2025