Gujarat High Court
Khodabhai Nanubhai Bharvad vs Vallabhbhai Kalyanjibhai Patel on 15 January, 2026
NEUTRAL CITATION
C/SCA/17805/2025 ORDER DATED: 15/01/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 17805 of 2025
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KHODABHAI NANUBHAI BHARVAD
Versus
VALLABHBHAI KALYANJIBHAI PATEL
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Appearance:
A A DAUDIVHORA(7516) for the Petitioner(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 15/01/2026
ORAL ORDER
1. The present Petition is filed by the petitioner assailing the order passed by the learned Principal District Judge, Bhavnagar rejecting the application for condonation of delay in challenging the judgment and decree dated 09.01.2018 passed by the learned Trial Court on 21.07.2025.
2. Heard learned advocate, Mr. A.A. Daudivhora for the petitioner.
3. Learned advocate for the petitioner, at the outset, submits that the petitioner herein does not want to proceed with the present petition and seeks permission to file appropriate Civil Suit for the Page 1 of 2 Uploaded by MUSKAN AJAY MENON(HC02359) on Fri Jan 16 2026 Downloaded on : Tue Jan 20 21:04:23 IST 2026 NEUTRAL CITATION C/SCA/17805/2025 ORDER DATED: 15/01/2026 undefined determination of the title of the suit property. Upon instruction, learned advocate for the petitioner submits that the original plaintiff has not filed any execution petition till today.
4. Upon such submission, the permission, as sought for, is granted to the petitioner to avail any other remedy available under the law. The present petition, therefore, stands disposed of as withdrawn. It is made clear that this Court has not expressed any opinion on merits, however, the question of limitation is left open for determination by the Court below as and when such question arises for its determination.
(D. M. DESAI,J) MUSKAN Page 2 of 2 Uploaded by MUSKAN AJAY MENON(HC02359) on Fri Jan 16 2026 Downloaded on : Tue Jan 20 21:04:23 IST 2026