Gujarat High Court
Mukeshbhai S/O Bachubhai Gohel vs Vallabhbhai S/O Kalyanjibhai Patel ... on 26 September, 2025
NEUTRAL CITATION
C/SCA/13393/2025 ORDER DATED: 26/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13393 of 2025
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MUKESHBHAI S/O BACHUBHAI GOHEL
Versus
VALLABHBHAI S/O KALYANJIBHAI PATEL THROUGH POA UDAYBHAI S/
O VALLABHBHAI MORI
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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 : 26/09/2025
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 XLI 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.
4. It is open for the petitioner to file an appropriate Regular Page 1 of 2 Uploaded by MOHD MONIS(HC01900) on Fri Sep 26 2025 Downloaded on : Sat Sep 27 03:02:41 IST 2025 NEUTRAL CITATION C/SCA/13393/2025 ORDER DATED: 26/09/2025 undefined Civil Appeal before the Appellate Court concerned challenging the judgment and decree dated 09.01.2018 passed by 2nd Additional Senior Civil Judge, Bhavnagar in Regular Civil Suit No.662 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the aforesaid and reserving the liberty in favour of the petitioner, the present writ application is disposed of as withdrawn.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) MOHD MONIS Page 2 of 2 Uploaded by MOHD MONIS(HC01900) on Fri Sep 26 2025 Downloaded on : Sat Sep 27 03:02:41 IST 2025