Gujarat High Court
Keshubhai Mohanbhai Patel vs Manharlal Ratilal Bachkaniwala on 26 September, 2025
NEUTRAL CITATION
C/SCA/3135/2025 ORDER DATED: 26/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3135 of 2025
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KESHUBHAI MOHANBHAI PATEL
Versus
MANHARLAL RATILAL BACHKANIWALA & ORS.
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Appearance:
MR JAMSHED KAVINA(11236) for the Petitioner(s) No. 1
MR SP MAJMUDAR(3456) for the Petitioner(s) No. 1
MS LIPEE D DAVE(12327) for the Respondent(s) No. 1,3,4,5,6
NOTICE SERVED BY DS for the Respondent(s) No. 10,8,9
REFUSED SERVED (N)(10) for the Respondent(s) No. 11,12,7
UNSERVED EXPIRED (N) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 26/09/2025
ORAL ORDER
1. Heard learned Advocate Mr. S. P. Majmudar with learned Advocate Mr. Jamshed Kavina on behalf of the petitioner and learned Senior Counsel Mr. Dhaval C. Dave with learned Advocate Mr. Udit Vyas for learned Advocate Ms. Lipee D. Dave on behalf of respondent Nos. 1, 3 to 6.
2. After arguing for some time, learned Advocate Mr. Majmudar, under the instructions of his client, does not press the present writ application with a liberty to lead appropriate evidence for exhibiting two sets of documents i.e. the complete set of the Page 1 of 3 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 22:33:19 IST 2025 NEUTRAL CITATION C/SCA/3135/2025 ORDER DATED: 26/09/2025 undefined FSL report and Will in question alleged to have been executed by father of the plaintiff.
3. Per contra, learned Senior Counsel Mr. Dave would not have any objection if such recourse is granted subject to all the objections and contentions to be raised by his client before the Trial Court where such evidence is led by the petitioner herein.
4. Permission as sought for is hereby granted. It is open for the petitioner herein to lead appropriate evidence, including oral evidence to prove two sets of documents i.e. the complete FSL report and the alleged Will of father of plaintiff.
5. So far as other documents which are given tentative exhibits, their effect will be taken care of by the Trial Court at the time of final decision of the lis between the parties and it requires to consider the observation/direction earlier issued by this Court vide its oral judgment/order dated 1st September 2008 passed in Special Civil Application No. 10858 of 2008 modified vide order dated 16th April 2010 in Miscellaneous Civil Application (For Review) No. 579 of 2010. So far as the release deed in question is concerned, it would be governed by observations and directions issued by this Court vide its order dated 4th Page 2 of 3 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 22:33:19 IST 2025 NEUTRAL CITATION C/SCA/3135/2025 ORDER DATED: 26/09/2025 undefined October 2010 passed in Special Civil Application No. 14472 of 2008.
6. In light of the aforesaid observations and reserving liberty in favour of the petitioner and so also permitting the original plaintiff to object and raise grievance as and when such occasion arises, the present writ application is disposed of as withdrawn. No order as to costs.
(MAULIK J.SHELAT,J) NRP Page 3 of 3 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 22:33:19 IST 2025