Gujarat High Court
Parvatiben Ramanbhai Patel D/O ... vs Jikar Allarakha Saiyed on 30 September, 2025
NEUTRAL CITATION
C/FA/2904/2024 JUDGMENT DATED: 30/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2904 of 2024
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DEVAN M. DESAI
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Approved for Reporting Yes No
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PARVATIBEN RAMANBHAI PATEL D/O CHHANABHAI PATEL & ORS.
Versus
JIKAR ALLARAKHA SAIYED
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Appearance:
MR APURVA R KAPADIA(5012) for the Appellant(s) No. 1,2,3
MR MAHINKHAN H PATHAN(13814) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 30/09/2025
ORAL JUDGMENT
1. The present first appeal is filed under Section 96 of the Code of Civil Procedure by appellant-original defendant against the judgment and decree dated 15.06.2024 passed by the learned Additional Senior Civil Judge, Vapi in Special Civil Suit No.1 of 2024.
2. Heard learned advocate Mr. Apurva R. Kapadia for the appellants and learned advocate Ms. Tejal Vashi with learned advocate Mr. M. H. Pathan for the respondent. Page 1 of 4 Uploaded by RINKU MALI(HC01574) on Tue Oct 07 2025 Downloaded on : Tue Oct 07 21:40:12 IST 2025
NEUTRAL CITATION C/FA/2904/2024 JUDGMENT DATED: 30/09/2025 undefined
3. Learned advocate for the appellants has contended that the respondent-original plaintiff had filed a suit for declaration and possession of the land in question. The plaint came to be presented on 12.01.2024, and summons of the suit came to be served upon the appellant-defendant on 19.03.2024. However, on 15.04.2024 and 08.05.2024, learned advocate for the original-defendant remained absent, and therefore, on 11.06.2024, plaintiff moved an application Exhibit-14 for closing the right to file Written Statement as well as an application under Order 8 Rule 10 of Code of Civil Procedure. On the same day, i.e., on 11.06.2024, the learned trial Court allowed both applications and passed the impugned judgment and decree. It is contended that appellant has good case on facts as well as on law and therefore, an opportunity be given to the appellant to contest the suit by filing written statement and documents in support of Written Statement. It is further contended that due to lack of knowledge, defendant could not instruct learned advocate for preparing written statement, and Page 2 of 4 Uploaded by RINKU MALI(HC01574) on Tue Oct 07 2025 Downloaded on : Tue Oct 07 21:40:12 IST 2025 NEUTRAL CITATION C/FA/2904/2024 JUDGMENT DATED: 30/09/2025 undefined therefore, the Written Statement could not be filed within a period of 30 days from the date of service of summons. Except above, no other submissions are made by learned advocate for the appellants.
4. Per contra, the learned advocate for the respondent- plaintiff has placed on record an email communication as well as a copy of WhatsApp communication, which are placed on record. It is submitted that the plaintiff who is represented by his power of attorney holder-Prakash Rasiklal Patel, has no objection if the judgment and decree in question is set aside and the suit may be remanded back for trial on merits. Except above, no other submissions are made by learned advocate for the respondent.
5. Considering the submissions made by learned advocates for the respective parties and consensus being arrived at and more particularly in view of the written consent placed on record in remanding back matter to learned trial Court, the Page 3 of 4 Uploaded by RINKU MALI(HC01574) on Tue Oct 07 2025 Downloaded on : Tue Oct 07 21:40:12 IST 2025 NEUTRAL CITATION C/FA/2904/2024 JUDGMENT DATED: 30/09/2025 undefined judgment and decree dated 15.06.2024 passed below Exhibit-1 and Exhibit-15 by the learned Additional Senior Civil Judge, Vapi in Special Civil Suit No.1 of 2024 is hereby quashed and set aside. Special Civil Suit No.1 of 2024 is restored to its original file. The appellant-defendant shall file Written Statement within a period of one month from the date of this order and the same may be taken on record and exhibited. Learned trial Court is directed to decide the suit strictly on merits and without being influenced by the observations made hereinabove. Accordingly, the First Appeal is allowed.
(D. M. DESAI,J) RINKU MALI Page 4 of 4 Uploaded by RINKU MALI(HC01574) on Tue Oct 07 2025 Downloaded on : Tue Oct 07 21:40:12 IST 2025