Lh Of Decd Devgar Swaroopgar And Lh ... vs Madhuben D/O Decd Atmagar ...
2021 Latest Caselaw 1892 Guj

        C/FA/433/2021                              ORDER



        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/FIRST APPEAL NO. 433 of 2021
                           With
  CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2021
            In R/FIRST APPEAL NO. 433 of 2021
                           With
              R/FIRST APPEAL NO. 447 of 2021
                           With
  CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2021
            In R/FIRST APPEAL NO. 447 of 2021
==========================================================
   LH OF DECD DEVGAR SWAROOPGAR AND LH OF DECD MANIGAR
     DEVGAR AND LH OF DECD UMIYABEN W/O DECD MANIGAR
                          Versus
MADHUBEN D/O DECD ATMAGAR SWAROOPGAR AND W/O AMRUTBHARTI
                  RAMBHARTI SWAROOPGAR
==========================================================
Appearance:
MANASVI THAPAR(8198) for the Appellant(s) No.
1,1.1,1.2,1.3,1.3.1,1.3.2,1.3.3,1.3.4,1.3.5,2,2.1,2.2,2.3
,2.4,2.5,3,3.1,3.2,3.3,3.4,4,4.1,4.2,4.3,4.4,5,5.1,5.2
MR MOTI P DABHI(10778) for the Appellant(s) No.
1,1.1,1.2,1.3,1.3.1,1.3.2,1.3.3,1.3.4,1.3.5,2,2.1,2.2,2.3
,2.4,2.5,3,3.1,3.2,3.3,3.4,4,4.1,4.2,4.3,4.4,5,5.1,5.2
 for the Defendant(s) No.
1,10,11,2,2.1,2.2,2.3,2.4,2.5,2.6,2.7,2.8,2.9,3,4,5,5.1,5
.2,5.3,5.4,6,7,8,9
MR KAMAL TRIVEDI, SENIOR ADVOCATE, with VINAY B VISHEN
WITH HURSH JANI (7425) for the Defendant(s) No. 12
==========================================================

 CORAM: HONOURABLE MR. JUSTICE R.M.CHHAYA
        and
        HONOURABLE MR. JUSTICE R.P.DHOLARIA

                        Date : 09/02/2021

                         ORAL ORDER

(PER : HONOURABLE MR. JUSTICE R.M.CHHAYA)

Order in First Appeals:

Heard Mr. Nirupam Nanavati, learned senior advocate assisted by learned advocate Mr. Manasvi Thapar for the appellant in First Appeal No. 433 of 2021 and Mr. Jaivik Bhatt, learned advocate for the appellant in

C/FA/433/2021 ORDER

First Appeal No. 447 of 2021, Mr. Kamal B. Trivedi, learned senior advocate assisted by Mr. Vinay Vishen, learned advocate and Mr. Hursh Jani, learned advocate for respondent no.12 in First Appeal No. 433/2021 and for respondent no.16 in First Appeal No. 447/2021.

Mr. Vinay Vishen, learned advocate has filed an affidavit­in­reply in the Civil Application. The same may be taken on record.

Notice returnable on 01.03.2021. Mr Vinay Vishen, learned advocate waives for the concerned respondents in the respective appeals.

Order in Civil Applications:

It was pointed out by learned advocate appearing for the appellant that the proceedings of Appeal from Order No. 255 of 2011 and other allied appeals were subject matter of Special Leave Petition before the Hon'ble Apex Court in Civil Appeal No. 9067­ 9068/2019. It was pointed out that by order dated 27.11.2019, the Apex Court while disposing of the Civil Appeals, has observed thus ­

"We do not wish to comment anything on merits of the matter. It is open for the parties to initiate action against third parties if alienation has already taken place and if they so choose.

Be that as it may, for the purpose of deciding these appeals it would be sufficient if we direct the interim order dated 29.01.2016 granted by this Court to continue till the disposal of Special Civil

C/FA/433/2021 ORDER

Suit No. 710 of 2010 and Special Civil Suit No. 269 of 2010 pending before 4th Additional Senior Civil Judge, Ahmedabad (Rural) Mirzapur, Ahmedabad. Ordered accordingly.

By virtue of this order, nothing survives in Appeal from Order No. 255 of 2011 and Appeal from Order No. 258 of 2011 pending before the High Court of Gujarat at Ahmedabad. Accordingly, Appeal from Order No. 255 of 2011 and Appeal from Order No. 258 of 2011 pending before the High Court stand disposed of.

The Trial Court is directed to decide the Special Civil Suit No. 710 of 2010 and Special Civil Suit No. 269 of 2010 on merits as early as possible but not later than one year.

                   The    appeals                   are          disposed                of
              accordingly."

It appears that thereafter, the suit was heard on merits and the trial court was pleased to dismiss the suit and has specifically observed that the order of stay passed by the Apex Court is vacated. The record further indicates that the application came to be filed by the appellants being Exhibit 213 in FA No. 433 of 2021 and Exhibit 265 in FA No. 447 of 2021 and by order dated 31.12.2020, the judgment and decree is stayed for a period of 30 days.

At this stage, Mr.Nanavati, learned senior advocate appearing for the appellant states that as the period of 30 days was to be over on 31.01.2021, the appellants again approached the trial court and the trial court, by order dated 30.01.2021, has

C/FA/433/2021 ORDER

extended the same till 15.01.2021. Considering the statement made by the learned senior counsel appearing for the appellant, the said order passed by the trial court shall continue till the next date of hearing.

(R.M.CHHAYA, J)

(R.P.DHOLARIA, J) BIJOY B. PILLAI