Gujarat High Court
Vaghabhai S/O Khodabhai Bharvad vs Vallabhbhai S/O Kalyanjibhai Patel ... on 18 September, 2025
NEUTRAL CITATION
C/SCA/12961/2025 ORDER DATED: 18/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12961 of 2025
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VAGHABHAI S/O KHODABHAI BHARVAD
Versus
VALLABHBHAI S/O KALYANJIBHAI PATEL THROUGH POA UDAYBHAI
S/O VALLABHBHAI MORI & ORS.
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Appearance:
A A DAUDIVHORA(7516) for the Petitioner(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 18/09/2025
ORAL ORDER
1. Heard learned advocate Mr. A. A. Daudivhora for the petitioner.
2. After arguing for some time, under the instruction of his client, learned Advocate Mr. Daudivhora does not press the present writ application with a liberty to avail an alternative efficacious remedy available at law to the petitioner by filing Regular Civil Appeal under Section-96 read with Order 41 of the Civil Procedure Code, 1908 to challenge the impugned judgment and decree passed by the Trial Court.
3. Permission as sought for is granted. Page 1 of 2 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Fri Sep 19 2025 Downloaded on : Sat Sep 20 04:46:28 IST 2025
NEUTRAL CITATION C/SCA/12961/2025 ORDER DATED: 18/09/2025 undefined
4. It is open for the petitioner to file an appropriate Regular Civil Appeal before the Appellate Court concerned challenging the judgment and decree dated 31/07/2017 passed by 3 rd Additional Senior Civil Judge, Bhavnagar in Regular Civil Suit No.682 of 2014. As and when such appeal will be filed, the Appellate Court shall decide the same in accordance with law.
5. It is made clear that this Court has neither gone into nor examined the merits of the matter.
6. With the aforesaid and reserving the liberty in favour of the petitioner, the present writ application is disposed of as withdrawn. No order as to costs.
(MAULIK J.SHELAT,J) NRP Page 2 of 2 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Fri Sep 19 2025 Downloaded on : Sat Sep 20 04:46:28 IST 2025